Basic principles of a political party. Principles of organization and activity of political parties

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Basic principles of a political party. Principles of organization and activity of political parties

Keywords

POLITICAL PARTY/ GOALS / OPERATING PRINCIPLES / VOTER INTEREST PRIORITY/ POLITICAL PARTIES / PURPOSES / PRINCIPALS OF ACTIVITY /

annotation scientific article on political science, the author of the scientific work - Volkova M.A.

Introduction. The article is devoted to actual problem research objectives and operating principles political parties through the prism of citizens' participation in the management of state affairs. Target . The main goal is to analyze the goals of their activities that are normatively fixed and proclaimed by the parties in cooperation with the main operating principles political parties in Russia, identifying the relationship between goals and principles. Results. The Russian legislation has been studied in order to consolidate the main goals and operating principles political parties, statutes analyzed political parties... The conclusion is made about the primacy of the principles, as well as the need to introduce into the list operating principles political parties principle. Conclusion. Conclusions are drawn about the importance of researching goals and operating principles political parties in Russia, about the need to bring them into line with each other in order to eliminate emerging contradictions. The misconception that the main goal is political party there is always the conquest of power, arguments are made in favor of the fact that the conquest of power is not and should not be an end in itself of activity political parties... The importance of the relationship between goals and operating principles political parties... It is proposed to supplement the current legislation on political parties another principle principle priority of voters' interests.

The text of the scientific work on the topic "The goals and principles of the activities of political parties in the context of citizens' participation in the management of state affairs"

UDC 329.1 / .6; 342.7

OBJECTIVES AND PRINCIPLES OF THE ACTIVITY OF POLITICAL PARTIES IN THE CONTEXT OF THE PARTICIPATION OF CITIZENS IN THE GOVERNMENT OF STATE AFFAIRS

M. A. Volkova

Post-graduate student of the Department of Constitutional and Municipal Law, Saratov State University E-mail: [email protected]

Introduction. The article is devoted to the topical problem of researching the goals and principles of the activities of political parties through the prism of citizens' participation in the management of state affairs. Target. The main goal is to analyze the goals of their activities that are normatively fixed and proclaimed by the parties in interaction with the basic principles of the activities of political parties in Russia, and to identify the correlation of goals and principles. Results. The Russian legislation has been studied for the consolidation of the main goals and principles of the activities of political parties, and the statutes of political parties have been analyzed. The conclusion is made about the primacy of the principles, as well as the need to introduce the principle of priority of voters 'interests into the list of principles of political parties' activity. Conclusion. Conclusions are made about the importance of studying the goals and principles of the activities of political parties in Russia, about the need to bring them into line with each other in order to eliminate emerging contradictions. The misconception that the main goal of a political party is always the conquest of power is emphasized, arguments are given in favor of the fact that the conquest of power is not and should not be the end in itself of the activities of political parties. The importance of the relationship between the goals and principles of the activities of political parties is emphasized. It is proposed to supplement the current legislation on political parties with one more principle - the principle of priority of the interests of voters. Key words: political party, goals, principles of activity, priority of voters' interests.

Introduction

The Federal Law "On Political Parties" (hereinafter - the Law on Political Parties), securing in Art. 3 the concept of a political party, formulates it through an indication of the goals of this subject of political activity and system. Among them, stand out such as the participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as representing the interests of citizens in government bodies and local governments.

However, further, fixing separately the goals of a political party, the legislator names in addition other goals: the formation of public opinion; political education and upbringing of citizens; expression of opinions of citizens on any issues of public

life, bringing these opinions to the attention of the general public and public authorities; nominating candidates for elections at various levels, participating in these elections, as well as in the work of elected bodies, which we see as not entirely correct, since not all the stated goals of political parties are reflected in the normative definition of a political party. For example, the formation of public opinion as a target setting, in our opinion, is not reflected in the definition of a political party, but it is present in the list of goals below. Obviously, there is a certain inconsistency in this, expressed in the vagueness of the presentation of the goals of the political party.

The main task is to analyze the goals of their activities that are normatively fixed and proclaimed by the parties in interaction with the basic principles of the activities of political parties in Russia, and to identify the correlation between goals and principles.

results

Parties are given freedom to choose and fix their goals in the charter and program, the only limitation is the illegality of goals (Article 9 of the Law prohibits the creation and operation of political parties whose goals or actions are aimed at carrying out extremist activities).

Analyzing the charters of modern Russian political parties, we note that for the most part it is difficult to find in them manifestations of the independence of political parties in formulating and defining the goals of their activities. Most often they contain copies of the goals enshrined in the Law on Political Parties, however, there are some variations: the Charter of the United Russia party is currently the very first goal of the party enshrining the compliance of state policy, decisions made by the state authorities of the Russian Federation and the constituent entities of the Russian Federation, local authorities, the interests of the majority of the population of the Russian Federation, as well as the expression of citizens' opinions on any issues of public life. The charter of the Communist Party of the Russian Federation does not contain a distinction between goals and objectives, consolidating them together, among them is the strengthening of the influence of the party in society through the actions of each party member, each primary, local and regional branch of the party; whether this is a goal or a task - one can only guess, nevertheless, in our opinion, you

keeping such a postulate as a goal would be wrong and impractical.

The All-Russian political party "Civil Initiative" sets the main goal of the party to transform Russia into a modern, respected in the world multinational country, in which a comfortable, safe and dignified life for every person is ensured.

Thus, we can conclude that only the main goals of a political party are legally designated, and all the rest, which will be enshrined in its charter and program, should not contradict the main goals. This circumstance allows us to classify the goals of political parties into basic and optional, legislatively enshrined and contained in the charter and program of the party, and in terms of content, we can single out and consider ideological, social, economic, educational, etc.

The opinion that the main goal of a political party is always the conquest of power seems to be incorrect. We believe that the conquest of power is not an end in itself for a political party, but rather an effective means for realizing basic goals, for example, ensuring the participation of citizens in the management of state affairs. This point of view finds support in the writings of political scientists and lawyers. Any party needs state power in order to use the power-coercive capabilities of the state as a political institution to give status to the nationwide ideals and interests that this party expresses, and for their practical implementation through legislation and actuators government controlled.

Professor S. A. Avakyan understands the goals of political parties as "strategic" pointers ", vectors of movement forward." Many authors support the point of view that the goals of all political parties are of a constitutional and legal nature, since they affect the fundamental foundations of state and social reality, the goals of political parties “proclaim as basic values the defended models of the desired state structure of the country, its constitutional and legal foundations, as well as institutional foundations of the structure of public (non-state) life ”. Based on the goals, the tasks and main directions of activity of each party are formulated, as well as the most significant functions of political parties are expressed.

In addition to the goals of the Law on Political Parties in Part 1 of Art. 8 fixes the basic principles

zypes of activity of political parties in the Russian Federation. Among them are voluntariness, equality, self-government, legality and publicity, all of them are based on the provisions of Art. 30 of the Constitution of the Russian Federation that everyone has the right to association and no one can be forced to join any association and stay in it. The law designates these principles as basic, which makes it possible to think about the presence of other principles, possibly of secondary or optional importance.

By establishing the principles of activity of political parties, the legislator gives freedom to the latter in setting goals, forms and methods of their activities. A competent statement of norms on the goals and principles of the activities of political parties to a certain extent can minimize differences in the main directions and functions of their activities.

The principle of voluntariness indicates that, despite close interaction with state structures, a political party remains independent from state bodies and institutions by education. In this connection, both free entry into the party and free exit from it are provided. This principle also follows from the provisions of the Constitution of the Russian Federation, however, unlike other public associations, a political party is characterized by special goals (part 4 of article 3 of the Law on Political Parties) of all members and common ideological attitudes. The freedom of activity of public associations, including political parties, is guaranteed by the Constitution of the Russian Federation. Despite the proclaimed voluntariness of the activities of political parties, it is necessary to remember that their activities should not violate human and civil rights and freedoms, since they are recognized as the highest value in the Russian Federation. Thus, we believe that voluntariness is applicable both to the order of creation, party membership, and to the very activity of a political party.

The principle of equality is based on Art. 19 of the Constitution of the Russian Federation, which proclaims the equality of all citizens of the Russian Federation before the law and the court. Equality in relation to political parties means equal rights for all party members. Voluntariness and equality are closely intertwined.

Glasnost implies the openness of the party's activities, the availability of its main documents, coverage of its activities and the results achieved in the press and the Internet.

The principle of self-government of a political party allows it to independently determine the internal structure, the course of its future activities, the vector of political orientation, develop the Charter and program of its activities, and determine priority areas.

Taking into account the basic principles of the development of democratic institutions in Russia, the basic values associated with a democratic regime (freedom, equality, human rights), it seems to us that there is a discrepancy between these values in the norm of Part 1 of Art. 8 of the Law on Political Parties.

In our opinion, in addition to the above principles, it is necessary in paragraph 1 of Art. 8 to make changes by including the principle of priority of voters' interests in the list of principles, since all activities of the party on the basis of the above principles are implemented in order to maximize the interests of voters. In this regard, it seems illogical that the Law contains a prohibition on the possibility of a political party to nominate persons who are members of other political parties. We believe that Part 1 of Art. 8 of the Law on Political Parties, which enshrines the basic principles of the activities of political parties, should be stated as follows:

“The activities of political parties are based on the principles of voluntariness, equality, self-government, legality, transparency and priority of the interests of voters. Political parties are free to determine their internal structure, goals, forms and methods of activity, with the exception of the restrictions established by this Federal Law. "

Given the objectives of this principle, part 3.1 of Art. 36 of the same Law, introduced in 2006 and prohibiting political parties from nominating candidates for deputies, including as part of lists of candidates, and for other elective positions in government bodies and local self-government bodies of citizens of the Russian Federation who are members of other political parties , should be removed from the text of the Law, thereby giving the parties such an opportunity.

Within the framework of the approach we have chosen, it will be possible to talk about a consensus concept of democracy, which seeks to make decisions that take into account the widest possible range of preferences, and not only the preferences of the majority, which is supported by the principles of the existence of proportional

We believe that this is a progressive step towards increasing the effectiveness of citizens' participation in the management of state affairs, since political parties should be viewed primarily as an instrument for the realization of the basic political rights of citizens and an instrument for participation in the management of state affairs, and not a means of conquering power, as we have already mentioned. above in the context of the objectives of the political party.

At first glance, the question of political parties seems to be fully developed in the scientific literature, however, with a careful study of the principles of the activities of political parties and the study of their essence, many questions arise. For example, the relationship between principles such as voluntariness and self-government is not entirely clear, since, using these concepts in a broad sense, there is a possibility of duplication and even substitution of one concept for another. In this regard, it would be appropriate to clarify the principle of voluntariness, using the wording “voluntariness of membership”, which would significantly narrow the meaning put into this principle and would allow avoiding an unreasonable broad interpretation. Such experience exists in the legislation of the Republic of Armenia: the principle of voluntary membership is specified in the law regulating the status of political parties.

In the legislation of the Republic of Azerbaijan, in addition to securing the principle of freedom of association, the meaning of the principle of equality as the equality of members of political parties is also clarified, that is, the meaning of this principle is also deliberately clarified. And in the Republic of Belarus, in addition to the principles named in the Russian law, such as the principle of freedom of association and democracy are also enshrined.

In addition to the basic principles of the activities of political parties, enshrined in the Federal Law "On Political Parties", some authors highlight other principles arising from certain areas of activity or the rights and obligations of parties. So, for example, A.V. Ilinykh singles out the principles of information support for the activities of political parties: the principle of public availability of information about the constituent and program documents of a party, the principle of free dissemination of information about the activities of a political party, the principle of using state and municipal bodies by political parties.

local mass media on equal terms, the principle of guaranteed access to state and municipal media. However, in our opinion, such a classification of principles reflects more the organizational principles of interaction of parties with state and municipal bodies, the organizational mechanism of information support, and not the essential and value guidelines of the party's activities as a whole.

Conclusion

The analysis performed allows us to conclude that the principles, being the basis and ideological regulators, should form the basis of the goals of the activities of political parties, and not vice versa. The formulation of goals and the artificial introduction of principles under these goals is extremely wrong. It is the principles that should be the criteria of legitimacy, the formulation of goals in this case is secondary, since the principles provide a uniform understanding of goals. The imposition of the principles of the activity of a political party on specific actions allows one to judge the legality and correctness of the activity of a political party.

Bibliography

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2. URL: http://er.ru/party/rules/#23 (date of access: 10.09.2013).

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5. Mazdogova ZZ Parliamentary party as a political and legal institution // Vestn. Kazan. jurid. Institute of the Ministry of Internal Affairs of Russia. 2012. No. 8. S. 85-90.

6. Avakyan SA Constitutional and legal status of political parties in Russia. M.: Norma, 2011.320 s.

7. Barashkov GM Constitutional goals as political and legal acts in the programs of political parties // Izv. Sarat. un-that. New ser. Ser. Economy. Control. Right. 2008.Vol. 8, no. 1.S. 49-52.

9. Fenenko A. V. Concept and definition of democracy. M.: KomKniga, 2006.224 p.

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Purposes and Principals of Political Parties Activity in Sphere of Participation in Government

Saratov State University,

83, Astrakhanskaya, Saratov, 410012, Russia

Email: [email protected]

Introduction. The article is dedicated to the actual problem of analyze of purposes and principals of political parties activity in sphere of participation in government. Purpos. Main point of article is to analyze juridical purposes of political parties activity and basic principals of political parties activity in Russia and to analyze of correlation purposes and principals. Results. The author analyzed the Russian legislation on the subject of fixing the main objectives and analyzed principles of political parties activity, the statutes of political parties. The author draws a conclusion about the primacy of the principles, as well as about the necessity of insertion in the list of principles of political parties activity of the principle of priority of interests of voters. Conclusion. Author discovers roots about importance of analyze juridical purposes of political parties activity and basic principals of political parties activity in Russia. Author concludes about the need to bring them in line with each other to the exclusion of any disputes. Author underlines the wrong idea about that the main purpose of political parties always is the conquest of power. The author arguments in favor of the fact that the conquest of power is not and should not be an end in itself the activities of political parties. It is emphasized the importance of the relationship of the purposes and principles of activity of political parties. The author offers to amend the legislation on political parties one more principle - principle of priority of interests of voters.

Key words: political parties, purposes, principals of activity, priority of interests of voters.

1. O politicheskih partijah: Federal "nyj Zakon ot 21 ijulja 2001 g. No. 95-FZ. Rossiiskaja gazeta, 2001, 14 Jul.

4. Available at: http://www.grazhdan-in.ru/index.php/party-program (accessed 10 September 2013).

5. Mazdogova Z. Z. Parlamentskaja partija kak politiko-pravovoj institut. Vestnik Kazanskogo juridicheskogo instituta MVD Rossii, 2012, no. 8, pp. 85-90.

6. Avak "jan S. A. Konstitucionno-pravovoj status politicheskih partij v Rossii. Moscow, Norma Publ., 2011.320 p.

7. Barashkov G. M. Konstitucionnye celi kak politiko-pravovye akty v programmah politicheskih partij. Izv. Saratov Univ. New Ser. Ser. Economics. Management. Law, 2008. Vol. 8, iss. 1, pp. 49-52.

8. Konstitucija Rossijskoj Federacii (prinjata na vsenarod-nom golosovanii 12 dekabrja 1993 g.). Rossiiskaja gazeta, 1993, 25 Dec.

9. Fenenko A. V. Koncepcii i opredelenii demokratii. Moscow, KomKniga Publ., 2006.224 p.

10. Il "inyh A. V. Administrativno-pravovoj mehanizm infor-macionnogo obespechenija dejatel" nosti politicheskih partij: sushhnost ", principy. Uchenye zametki TOGU, 2013, vol. 4, no. 4. pp. 1197-1203.

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Introduction

Conclusion

Bibliography

Introduction

According to the Federal Law on Political Parties, adopted by the State Duma in 2001 and currently in force, “the Russian Federation recognizes political diversity and a multiparty system. Based on this constitutional principle, the state guarantees the equality of political parties before the law, regardless of the ideology, goals and objectives set forth in their constituent and program documents. The state ensures the observance of the rights and legitimate interests of political parties.

Modern political life as a specific area of social life is the activity of citizens of the Russian Federation through which the formation, functioning and transformation of the political system of society takes place. It is multifaceted and diverse both in direction, means, forms, and in structural components, subjects of political relations. The most important, integral part of the political system, the political life of a democratic society is political parties, social and political movements.

The purpose of my test is to study political parties, or rather to familiarize myself with the principles of party activities in Russia. To do this, we will rely on information from scientific textbooks, in particular

"Foundations of the Theory of Political Parties" edited by Zaslavsky, also on the "Federal Law on Political Parties" and other publications on political activity.

The test consists of an introduction, a main part, a conclusion and a list of references.

1. Functions and goals of the activities of political parties

One of the key problems in the study of political parties is the study of issues related to their functional purpose, goals and areas of activity. This problem is especially relevant when addressing the topic of the formation of a multi-party system in Russia, the interest in which has been enormous lately. The activities of political parties are by no means limited to gaining positions in government bodies. Otherwise, this mission could be successfully fulfilled by temporary corporate groupings, the composition and political orientations of which could constantly change depending on the nuances of the political situation. In the socio-political sphere of society, needs inevitably arise, the solution of which can be facilitated by such a specific institution as a political party. In the structure of socio-political processes, political parties play a dual role: a necessary element of the political system, ensuring the reproduction of the political elite, organized participation in elections, and the institution of political representation of the interests of a certain part of society.

The formation of politics as a party politics, among other things, led to the creation of such a model of society, in which the areas of private life, civil society and political representation proper, subordinating the state to itself and legitimizing it, are highlighted. Parties serve to unite and represent interest groups that are formed at the level of civil society (numerous unions and associations that do not pursue the goal of obtaining state power). This division remains relevant in the current situation, having undergone some changes associated with the fact that the boundaries between civil society and parties are often blurred.

In political science, there are several approaches to the functional purpose of parties in the political system. Most researchers share the thesis about the plurality of functions of political parties, differing, however, in determining their number and in classification schemes.

There are many points of view expressed in the scientific literature regarding the functions of political parties, having studied their diversity, the following functions can be distinguished:

§ electoral function - i.e. activities aimed at promoting candidates for elective positions in executive and representative bodies through their nomination and support in elections;

§ the function of political recruitment and socialization, through which involvement, primary selection and subsequent circulation of the political active part of citizens are carried out in the political process;

§ innovative function - the development of alternative proposals by political parties for possible solution certain problems, as well as methods for implementing the proposed solutions;

§ accumulative function - assimilation, synthesis and subsequent political expression of the interests of social, ethnic, age categories of the population in the ideological doctrines and political programs developed by the party;

§ constituting function - providing institutional guarantees of ideological and political diversity, as well as the peaceful resolution of social contradictions through activities to form the political will of citizens, participation in the formation and activities of public authorities;

§ integrating function - it is expressed in uniting people on the basis of common goals and interests of a political nature, in the development on this basis of a common group social interest, a common system of views, in uniting citizens into a single structure, as a result of which a new collective subject of public policy appears.

The complex of goals of activity and functions, implemented by political parties, in a generalized form reflects the actual content of social relations, to one degree or another mediated by law. This is expressed in the consolidation in the current legislation of the provisions that determine the main goals and objectives of political parties, the subjective rights necessary for their implementation and the obligations corresponding to them. These goals are the legal expression of the functions of political parties that are most significant in legal terms, as well as a means of identifying the most important objects of legal relations, to which the activities of parties as subjects of law are directed. General requirements for the main goals of a political party are contained in the Russian Federal Law "On Political Parties". The main goals of a political party include:

§ formation of public opinion;

§ political education and upbringing of citizens;

§ Expression of opinions of citizens on any issues of public life, bringing these opinions to the attention of the general public and government bodies;

§ nominating candidates for elections to legislative (representative) bodies of state power and representative bodies of local self-government, participation in elections to these bodies in their work.

We must not forget that the goals and functions of the party should serve the interests of society, which delegates the party the right to speak on behalf of the broad strata of the population. If society believes that the party is important tool defending the political rights of citizens, it can and should effectively use the "credit of trust" given to it.

2. The social basis of the activities of political parties

politics party regulation legal

Already by virtue of its origin, the phenomenon of the party, party membership, party mobilization is characterized by a social contradiction: the party represents only a part of society (previously, most likely, in some way disadvantaged), but at the same time it assumes that this part is equivalent to the whole society, or, at least , vital to him. Even in our time, newly formed parties usually begin their activities with an indication of the exclusion of a certain group of society, neglect of its interests, etc. - i.e. on the situation that needs to be corrected.

The existence of parties presupposes not only the presence of many social differences (which determine the existence of various classes, strata, and so on), but also a constant process of social differentiation. Social differentiation is supported, and sometimes presumably provoked, by party differentiation. Therefore, it is often difficult to distinguish real groups represented by certain parties from fictitious groups created for certain parties. This is explained by the fact that any party problematizes the actual idea of society, introduces into the sphere of politics a certain "not yet existing" group in it and tries to identify its interests with the interests of the whole society, present this group as a universal (or, at least, necessary for any other group, dominant, dominant). The logical result of this process is the generalization of the party, its desire either to represent the hegemonic class (which is considered to be the "third class" in industrial and postindustrial societies), or to embrace all existing classes and groups, reducing them to a single whole - for example, a single nation (which especially relevant during periods of occupation or liberation from colonial dependence).

The development of parties always takes place in the space between two poles - one of them is represented by a political organization that seeks to coincide with the whole society, and the second - by a group of more or less heterogeneous parties that reveal more and more social differences, boundaries, partitions, signaling the absence integrity constraints.

The party must have a social basis, the relationship with which is manifested, first of all, in the support provided to the party in the elections, involving citizens in the decision-making process, recruiting new party members, activists and volunteers, creating funds to support the party, and so on. Depending on how exactly the connection with the social basis is built, the party can implement additional social functions. Thus, recruiting new members as an element of creating a connection with a social basis simultaneously builds the party into the system of vertical and horizontal mobility of society, into which other institutions are also built - for example, educational ones. The emergence (destruction) of each party initially presupposes the discovery of some social boundary or group , which had not previously been fixed at the level of symbolic (that is, not requiring constant use of violence) power. The original logic of the party's existence assumes that groups in the social space exist only in the perspective of recognition from other groups, as well as in the perspective of approval in the regime of symbolic power. But simultaneously with this logic, the already mentioned tendency towards generalization is realized. A party entering the space of the struggle for power speaks not only of the private interests of the group it represents, but also of the fact that these interests coincide with the interests of the entire society (it was in this sense that the bourgeoisie was the only class that covered the entire social space). Naturally, this tendency is met with resistance as soon as the process of opening up new groups and differences develops, bringing new competing parties onto the scene. The experience of the development of real political organizations allows us to conclude that there are fundamentally different forms the connection of a particular party with its social basis. Representation of interests as a general principle of the party's work can be played out in completely different ways, being realized at different stages and at different levels of the parties' work. New and emerging parties have a different basis and attitude towards it than those in power. Within the same party, different aspects of the relationship with the base may gain priority, for example, recruiting new party members or focusing on an abstract voter who encounters the party and its representatives only on the ballot papers. Quite often, a party that initially relied on a narrow circle of like-minded people, upon gaining power, expands its social base, reorients itself to other groups, and so on. Several aspects of the social basis of parties can be distinguished, specifying the attitude of representing interests. For example, such aspects or defining qualities of the basis can be:

§ historical and social genesis of the party (or its origin);

§ an up-to-date and prospective connection with interest groups and social movements;

§ communication with citizens who are not members of the party or party activists, but participate in elections, casting votes to the party.

Such a scheme, often used by sociologists-specialists on the party movement, makes it possible to identify different ways of communication between the party and society and the appeal of society to the party, and these methods can sometimes conflict with each other.

Note that democratic governance is based on traditional norms political behavior... This means that every political culture is obliged to build a political system that will correspond to the maximum extent to the socially acceptable principles of citizens' participation in government. If the principle of popular sovereignty is consistently implemented, then in the future we will witness the formation and development of diverse democratic systems that meet basic principles national political cultures.

3. Subject and forms of legal regulation of the activities of parties

The central direction in the study of the processes of formation of political parties is the elaboration of a complex of problems concerning their place and role in the system of state and public institutions. Within the framework of this analysis, the key concept is the status of a party, which traditionally means its position in the political system of society. Etymologically, the term "status" means not only a position, but also a state with an objectively assigned purpose, which allows us to consider it as a kind of system, which is inherent in essential features, connections, relationships and levels of organization. Distinguish between legal status, that is, the legally enshrined place of the party in the system of state and public organizations, as well as the complex of legally significant relationships due to this provision, and social status, which characterizes the degree of influence of the party on society and politics. Unlike the legal status enshrined in legislation, the social status of a party is determined directly in the course of the political process. Legalization of the social status of a party marks a normative consolidation of its actual position in the system of social ties. At the same time, if the social status of parties differs depending on their political influence, resource and social base, then the legal status is based on the principle of legal equality, although a certain differentiation of their rights and obligations may take place in cases where the differences between parties are assessed by law as legally significant.

The legal status of a party is a complex collective concept that reflects its legal nature, place in the system of state and public institutions, rights and obligations, the ability to act as a subject of law, legally significant social ties, grounds for legal responsibility. Differentiation of the legal status of a political party may reflect its various facets - depending on the perspective of the study.

It is necessary to distinguish between the structure and content of the legal status of a political party. If the content of the legal status of a party (a set of norms governing its legal status) is flexible and capable of transformation, then the structure of the legal status, on the contrary, is characterized by a certain static nature and can be described through a set of elements taken in the system integrity and interconnection of its constituent elements. The structure of the legal status of a political party includes its legal structure, principles of organization and activity, rights and obligations that determine its constitutional and civil legal personality, legal responsibility, as well as legal relations of a general (status) type. The latter, in particular, include issues of interaction between the state and political parties, principles of activity of political parties and legal guarantees of their subjective rights. The relationship between the state and political parties is predetermined by the all-encompassing nature of the state as an organization uniting all members of society, the supremacy of state power in relation to another. political power... This asymmetry by no means excludes the recognition of political parties as self-organizing associations, autonomous from the state. "Social initiatives coming from below and from above should meet on the basis of law and legality, unite and strengthen."

The dual social nature of a political party (as a public association and a subject of public power relations) has its own normative dimension. On the one hand, the party's membership in public associations presupposes the extension to it of the principles of organization and activity common to all types of public associations. On the other hand, the fact that the main purpose of the party is its participation in the political life of society determines the need for a more substantive regulation of the order of its creation, activities and the foundations of the internal structure. The sphere of legal regulation of the activities of political parties, to one degree or another reproduced in the national legislation of various countries, includes:

§ the rights and obligations of a political party;

§ functions of the party, forms and methods of political activity by the party;

§ organizational structure of the party;

§ the procedure for the formation and termination of the activities of the party;

§ the grounds and procedure for the participation of a party in elections and in the activities of state bodies;

§ financial, economic and entrepreneurial activities of the party;

§ relations between the party and state bodies, non-party public associations and other organizations;

§ international relations of the party;

§ ideological and propaganda activities of the party.

The implementation of the status characteristics and functional purpose of the parties is ensured by assigning to them a set of subjective rights and obligations. By their nature, the rights of political parties are closely related to human and civil rights enshrined in the constitution, since they are based on a set of individual political rights (to unite, express their opinion, freedom of speech) and are designed to ensure their full implementation. At the same time, it is necessary to distinguish between the political rights of citizens, including the right to association, and the complex of subjective rights of political parties as collective subjects.

4. Financial and economic activities of political parties

Maintaining active work party functionaries and apparatus, agitation and propaganda, attracting new members and increasing competitiveness in the political market are unthinkable without a well-organized management of party finances. Whatever the ideology of the organization, its attractiveness to the masses is the higher, the more this ideology is funded. Already for an elitist parliamentary party, finances play a significant role, especially when it develops in the course of defending the economic interests of a segment of large owners in a representative body. The effectiveness of the party's lobbying activities is also directly related to its financial capabilities. It is worth paying attention to the fact that usually the parties are not fully funded from public funds. Even in countries where only one party is dictated and there is no political competition and, accordingly, no other source of funding is expected except the state itself, this practice is still not advertised. Any unauthorized attempt to use budgetary funds for party needs, if it suddenly turns out to be revealed, will immediately deal a blow to the political image of the party, and for those who allow this, it can cost an administrative or political career. Experts usually associate the need for state regulation of the financial and economic activities of political parties with three significant circumstances: a sharp increase in the complexity of electoral technologies, entailing a significant increase in the costs of the election campaign, an increase in political activity of business and the facts of corruption of the political elite, undermining the authority of government institutions and trust of voters.

The point of government funding of parties is to maintain the stability of the existing party system (and, as a consequence, the political stability of the state) by assigning cash bonuses and subsidies to organizations that won parliamentary elections. In Russia, the funds of a political party are formed as follows:

§ admission and membership fees (if their payment is provided for by the charter of a political party);

§ funds provided to political parties from the federal budget;

§ donations from individuals and legal entities;

§ receipts from events held by a political party, its regional branches and other structural divisions, as well as income from entrepreneurial activities;

§ receipts from civil transactions;

§ other receipts not prohibited by law.

A political party is independent in resolving economic issues of ensuring its activities, including issues of remuneration, entrepreneurial activity, receipt and use of funds and other property. The results of the economic activities of a political party, its regional branches and other structural subdivisions must be reflected in the consolidated financial report of the political party and financial (accounting) reports of its regional branches and other registered structural subdivisions.

A political party, its regional branches and other registered structural divisions carry out tax accounting and financial reporting in the manner and terms established by the legislation of the Russian Federation for legal entities. They quarterly submit to the Central Election Commission of the Russian Federation and the election commission of a constituent entity of the Russian Federation information on the receipt and expenditure of funds of a political party. The party is also obliged to annually submit to the Central Election Commission of the Russian Federation a consolidated financial report on the receipt and expenditure of funds in the reporting year. The audit of financial (accounting) reports of a political party, its regional branches and other registered structural divisions is carried out by the federal executive body authorized to exercise the functions of control and supervision in the field of taxes and fees, and its territorial bodies. The consolidated financial report of a political party, as well as information on its verification, shall be posted by the Central Election Commission of the Russian Federation on its special website in the public information and telecommunications network.

Conclusion

Indeed, parties today are an integral part of the political system of society. They act as bearers of political courses competing with each other, serve as spokesmen for the interests, needs and goals of certain social groups, being a link between society and the state. Their main task is to transform the multitude of private interests of individual citizens, social strata, interest groups into their single aggregate political interest. Through parties and electoral systems, the actions of citizens in political life are formalized. Parties take an active part in the functioning of the mechanism of political power or try to exert an indirect influence on it. An important feature of the activities of political parties is their ideological impact on the population, their role is significant in the formation of political consciousness and culture.

Political parties need constant renewal. They should be attractive to young people and representatives of new professions, educate personnel who understand and represent the requirements and needs of people, as well as independently assess changes in policy and make appropriate decisions. Only vigorous action by parties, expressing and defending the demands of their supporters, will ultimately allow them to expand their social base.

The activity of political parties is a real indicator of the process of the formation of civil society, the democratization of the political system, and the development of self-government. And the more effective their work becomes, the more mature and stronger the civil society becomes.

Bibliography

1. Akopov G.L., Kislitsyn S.A. "Political Science" Study Guide, 2009

2. Benediktov K. "Union of Right Forces" A Brief History of the Party, Publishing House: Europe, 2009

3. Gorelov A.A. "Political Science in Questions and Answers" Study Guide, 2009

4. Zelenkov M.Yu. "Political Science" Textbook, Publishing House: Dashkov and Co, 2012

5. Kralechkin D.Yu., Ashkerov A.Yu. and others, ed. Zaslavsky S.E. "Fundamentals of the theory of political parties" M, 2007

6. Lebedeva M.M. "World Politics" Textbook, M, 2007

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The Russian Federation recognizes political diversity and a multi-party system. Based on this constitutional principle, the state guarantees the equality of political parties before the law, regardless of the ideology, goals and objectives set forth in their constituent and program documents.

The state ensures the observance of the rights and legitimate interests of political parties.

Chapter I. General Provisions

Article 1. Subject of regulation of this Federal Law

The subject of regulation of this Federal Law is public relations arising in connection with the exercise by citizens of the Russian Federation of the right to unite in political parties and the peculiarities of the creation, activity, reorganization and liquidation of political parties in the Russian Federation.

Article 2. The right of citizens of the Russian Federation to unite in political parties

The right of citizens of the Russian Federation to join political parties includes the right to create, on a voluntary basis, political parties in accordance with their convictions, the right to join political parties or refrain from joining political parties, the right to participate in the activities of political parties in accordance with their statutes, and the right to freely withdraw from political parties.

Article 3. The concept of a political party and its structure

1. A political party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in the state authorities and local governments.

2. A political party must meet the following requirements:

a political party must have regional branches in more than half of the constituent entities of the Russian Federation, while in a constituent entity of the Russian Federation only one regional branch of a given political party can be created;

a political party must have at least ten thousand members of a political party, while in more than half of the constituent entities of the Russian Federation, a political party must have regional branches of at least one hundred members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law. In other regional branches, the number of each of them cannot be less than fifty members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law;

the governing and other bodies of a political party, its regional branches and other structural subdivisions must be located on the territory of the Russian Federation.

3. A regional branch of a political party in this Federal Law means a structural subdivision of a political party created by decision of its authorized governing body and carrying out its activities on the territory of a constituent entity of the Russian Federation. In the subject of the Russian Federation, which includes (includes) an autonomous okrug (autonomous okrugs), a single regional branch of a political party may be created. Other structural subdivisions of a political party (local and primary branches) are created in the cases and in the manner provided for by its charter.

4. The goals and objectives of a political party are set out in its charter and program.

The main goals of a political party are:

shaping public opinion;

political education and upbringing of citizens;

expression of opinions of citizens on any issues of public life, bringing these opinions to the attention of the general public and public authorities;

nomination of candidates for elections to legislative (representative) bodies of state power and representative bodies of local self-government, participation in elections to these bodies and in their work.

Article 4. Legislation of the Russian Federation on political parties

The activities of political parties are based on the Constitution of the Russian Federation and are regulated by federal constitutional laws, this Federal law and other federal laws.

Article 5. Territorial sphere of activity of a political party

A political party has the right to carry out its activities throughout the territory of the Russian Federation.

Article 6. Name of a political party

1. In the name of a political party, both full and abbreviated, it is not allowed to use the names of other political parties existing in the Russian Federation and other all-Russian public associations, as well as political parties that ceased their activities due to liquidation in connection with violation of paragraph 1 of Article 9 of this Federal law.

2. In the name of a political party, it is not allowed to use the names of state authorities and local self-government bodies, as well as the name and (or) surname of a citizen.

3. Regional branches and other structural subdivisions of a political party use the name of this political party indicating their territorial affiliation.

4. A political party may use in its name the words "Russia", "Russian Federation" and words and phrases formed on their basis.

5. The name of a political party must comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyright. It is prohibited to use the name of a political party that offends racial, national or religious feelings.

6. Public associations that are not political parties cannot use the word "party" in their name.

Article 7. Symbols of a political party

1. A political party may have its own emblem and other symbols, the exact description of which must be contained in the charter of the political party. The symbols of a political party should not coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols of municipalities, as well as the state symbols of foreign states.

2. The emblems and other symbols of political parties and other all-Russian public associations existing in the Russian Federation, as well as emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation, may not be used as the emblem and other symbols of a political party.

3. The symbols of a political party must comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyright. It is prohibited to use symbols that offend or defame the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, emblems, anthems of the subjects of the Russian Federation, municipalities, foreign states, religious symbols, as well as symbols that offend racial, national or religious the senses.

Article 8. Basic principles of activity of political parties

1. The activities of political parties are based on the principles of voluntariness, equality, self-government, legality and transparency. Political parties are free to determine their internal structure, goals, forms and methods of activity, with the exception of the restrictions established by this Federal Law.

2. The activities of political parties must not violate human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation.

3. Political parties act publicly, information about their constituent and program documents is publicly available.

4. Political parties must create equal opportunities for men and women, citizens of the Russian Federation of different nationalities who are members of a political party, to be represented in the governing bodies of a political party, in lists of candidates for deputies and for other elective positions in government bodies and local self-government bodies.

Article 9. Restrictions on the establishment and activities of political parties

1. It is prohibited to create and operate political parties, the goals or actions of which are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed and paramilitary formations, inciting social, racial, national or religious hatred.

2. The inclusion of provisions on the protection of ideas of social justice in the charters and programs of political parties, as well as the activities of political parties aimed at protecting social justice, cannot be regarded as inciting social discord.

3. The creation of political parties on the basis of professional, racial, national or religious affiliation is prohibited.

In this Federal Law, the signs of professional, racial, national or religious affiliation mean an indication in the charter and program of a political party of the goals of protecting professional, racial, national or religious interests, as well as the reflection of these goals in the name of the political party.

A political party should not consist of persons of the same profession.

4. Structural subdivisions of political parties are created and operate only on a territorial basis. The creation of structural subdivisions of political parties in government and local government bodies, in the Armed Forces of the Russian Federation, in law enforcement and other government bodies, in government and non-government organizations is not allowed.

5. The activity of political parties and their structural subdivisions in government bodies and local government bodies (with the exception of legislative (representative) government bodies and representative bodies of local government), in the Armed Forces of the Russian Federation, in law enforcement and other government bodies, in the apparatus of legislative (representative) bodies of state power, in state organizations. Interference of political parties in the educational process of educational institutions is prohibited.

6. The creation and activity on the territory of the Russian Federation of political parties of foreign states and structural subdivisions of these parties are not allowed.

7. In the event that a state of emergency or martial law is introduced on the entire territory of the Russian Federation or in its individual localities, the activities of political parties shall be carried out in accordance with the federal constitutional law on a state of emergency or martial law.

Article 10. State and political parties

1. Interference by government bodies and their officials in the activities of political parties, as well as interference by political parties in the activities of government bodies and their officials, shall not be allowed.

2. Issues affecting the interests of political parties are resolved by state authorities and local self-government bodies with the participation of the relevant political parties or in agreement with them.

3. Persons holding state or municipal positions and persons in state or municipal service shall not have the right to use the advantages of their official or official position in the interests of the political party of which they are members, or in the interests of any other political party. These persons, with the exception of deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of other legislative (representative) bodies of state power and deputies of representative bodies of local self-government, cannot be bound by decisions of a political party in the performance of their official or official duties.

4. The President of the Russian Federation has the right to suspend his membership in a political party for the period of exercising his powers.

Chapter II. Formation of a political party

Article 11. Methods of creating a political party

1. A political party is created freely, without the permission of state authorities and officials. A political party may be created at the founding congress of a political party or by transforming an all-Russian public organization or an all-Russian social movement into a political party at a congress of an all-Russian public organization or an all-Russian social movement.

2. A political party is considered to be created from the day the founding congress makes decisions on the creation of a political party, on the formation of its regional branches in more than half of the constituent entities of the Russian Federation, on the adoption of the charter of a political party and on the adoption of its program, on the formation of governing and control and audit bodies of the political party. Delegates to the founding congress of a political party are the founders of a political party.

3. From the day of its creation, a political party has been carrying out organizational and information and propaganda activities related to the formation of regional branches of a political party and the receipt by a political party of a certificate of state registration.

4. In the event of a transformation of an all-Russian public organization or an all-Russian public movement into a political party, the congress of an all-Russian public organization or an all-Russian public movement shall make decisions on the transformation of an all-Russian public organization or an all-Russian public movement into a political party, on the transformation of their regional divisions in the constituent entities of the Russian Federation into regional branches a political party, on the adoption of the charter of a political party and on the adoption of its program, on the formation of governing and control and audit bodies of a political party.

5. When a political party is created by transforming an all-Russian public organization or an all-Russian public movement into a political party, the political party shall be deemed to have been created from the day the corresponding entry is made in the unified state register of legal entities.

Article 12. Organizing Committee

1. For the preparation, convocation and holding of the constituent congress of a political party by citizens of the Russian Federation who have the right to be members of a political party, an organizing committee shall be formed consisting of at least ten people.

2. The organizing committee notifies in writing the federal executive body authorized to carry out the state registration of political parties (hereinafter referred to as the federal registering body) of its intention to create a political party and indicates its intended name. Together with the notification, the following are sent to the specified body:

a) information about at least ten members of the organizing committee (surnames, names, patronymics, dates of birth, citizenship, contact numbers);

b) the minutes of the meeting of the organizing committee, which indicates the purpose of its creation, the term of office (but not more than one year), location, procedure for the use of funds and other property of the organizing committee, as well as information about the member of the organizing committee authorized to open a current account for the formation of funds of the organizing committee and conclude civil contracts to ensure its activities (hereinafter - the authorized person of the organizing committee) (last name, first name, patronymic, date of birth, residence address, citizenship, series and number of the passport or a document replacing it, contact phone number).

3. The federal registering body or the territorial body of the federal registering body (hereinafter referred to as the territorial registering body), on the day of receipt of the notification and other documents specified in paragraph 2 of this article, issues a document confirming their submission to the authorized person of the organizing committee.

4. The organizing committee, within a month from the date of issuance of the document specified in paragraph 3 of this article, publishes in one or several all-Russian periodicals information on the intention to create a political party and on the submission of the relevant documents to the federal registering body.

Article 13. Activities of the organizing committee

1. The Organizing Committee independently determines the order of its activities. During its term of office, the organizing committee holds the founding congress of the political party. To this end, the organizing committee:

carries out organizational and information and propaganda activities aimed at forming regional branches of the political party being created in the constituent entities of the Russian Federation, including holding meetings of supporters of the political party being created to elect delegates to the constituent congress of the political party;

opens, through an authorized person of the organizing committee, a current account in one of the credit institutions of the Russian Federation and reports this to the federal registering authority.

2. The funds of the organizing committee are formed from donations to political parties, the collection of which is carried out in accordance with the requirements of Article 30 of this Federal Law.

3. After the founding congress of a political party, the organizing committee ceases to function. In this case, funds and other property of the organizing committee, as well as a financial report on their use, which indicates the sources of receipt of funds and other property, are transferred to the created political party.

4. If the organizing committee does not hold a constituent congress of a political party during its term of office, after this period the organizing committee ceases to function. In this case, the remaining funds of the organizing committee are transferred to the donors in proportion to the donations made, other property is returned to the donors. If it is impossible to return, the remaining funds and other property of the organizing committee shall be transferred to the income of the Russian Federation.

Article 14. The founding congress of a political party or a congress of an all-Russian public organization or an all-Russian public movement convened to transform them into a political party

1. Information about the place and date of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian public movement convened to transform them into a political party, the organizing committee or an all-Russian public organization or an all-Russian public movement shall publish in Rossiyskaya Gazeta or other all-Russian periodicals printed publications. This information shall be published no later than a month before the day of the convocation of the constituent congress of a political party or the congress of an all-Russian public organization or an all-Russian public movement convened to transform them into a political party.

Rossiyskaya Gazeta is obliged to publish free of charge information about the place and date of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian social movement convened to transform them into a political party within two weeks from the date of submission of this information to the publication.

2. The founding congress of a political party shall be deemed competent if delegates representing more than half of the constituent entities of the Russian Federation and predominantly residing in these constituent entities of the Russian Federation took part in its work. The rate of representation of delegates to the constituent congress is established by the organizing committee on the basis that each of the indicated constituent entities of the Russian Federation must be represented by at least three delegates. Decisions of the founding congress of a political party provided for by paragraph 2 of Article 11 of this Federal Law shall be adopted by a majority vote of the delegates to the founding congress of a political party.

3. The decision to transform an all-Russian public organization or an all-Russian public movement into a political party and other decisions are made by the congress of an all-Russian public organization or an all-Russian public movement in accordance with their statutes. A congress of an all-Russian public organization or an all-Russian social movement shall be deemed competent if delegates representing regional branches of an all-Russian public organization or an all-Russian social movement located in the territories of more than half of the constituent entities of the Russian Federation and predominantly residing in these constituent entities of the Russian Federation took part in its work. The rate of representation of the delegates to the congress is established on the basis of at least three delegates from each of the indicated regional branches. The creation of an organizing committee in the event of the transformation of an all-Russian public organization or an all-Russian public movement into a political party is not required.

4. After the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian public movement that has decided to transform an all-Russian public organization or an all-Russian public movement into a political party, the political party within a month submits the main provisions of its program to the Rossiyskaya Gazeta for publication ... "Rossiyskaya Gazeta" is obliged to publish, free of charge, the main provisions of the political party's program in the amount of at least two hundred newspaper lines within a month after the submission of these provisions.

Chapter III. State registration of a political party

Article 15. State registration of a political party and its regional branches

1. A political party and its regional branches are subject to state registration in the manner prescribed by this Federal Law. A political party and its regional branches carry out their activities in full, including as legal entities, from the moment of state registration. The document confirming the state registration of a political party or its regional branch is a certificate of state registration of a political party or its regional branch.

2. State registration of a political party and its regional branches is carried out, respectively, by the federal registering body and territorial registration bodies (hereinafter referred to as the registering bodies).

3. The documents required for state registration of a political party shall be submitted to the federal registering body no later than six months from the date of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian social movement that made a decision to transform an all-Russian public organization or an all-Russian social movement to a political party.

4. State registration of regional branches of a political party is carried out after state registration of a political party, while in more than half of the constituent entities of the Russian Federation, state registration of regional branches of a political party must be carried out no later than six months from the date of state registration of a political party.

5. When establishing the compliance of the documents required for state registration of a political party or its regional branch with the requirements of this Federal Law, the registering bodies shall, no later than one month from the date of receipt of the documents, issue a certificate of state registration of the political party or its regional branch to the authorized person of the political party or its regional branch. regional office.

6. In the event that a political party, within a month from the date of expiration of the period provided for in paragraph 4 of this article, does not submit to the federal registering authority copies of certificates of state registration of its regional branches in more than half of the subjects of the Russian Federation, a certificate of state registration of the political party is recognized as invalid, and the record on the creation of this political party is excluded from the unified state register of legal entities.

7. The time limits provided for in paragraphs 4 and 6 of this article shall be extended if the decision to refuse state registration of a regional branch of a political party is appealed in court and on the day the specified time period expires, the court decision has not entered into legal force.

8. If the charter of a political party provides for the vesting of a legal entity with another structural unit of a political party, the state registration of such a structural unit is carried out in the manner prescribed for the state registration of a regional branch of a political party. In this case, the structural subdivision of a political party shall be subject to the requirements established by this Federal Law for state registration of regional branches of a political party, with the exception of paragraphs of the second and third paragraphs 2 of Article 3 of this Federal Law.

9. For the state registration of a political party and its regional branches, a registration fee is charged in the manner prescribed by the legislation of the Russian Federation.
The registration fee for state registration of a political party is fifty times the minimum wage established by federal law as of March 1 of the year preceding the year of state registration of a political party. The registration fee for state registration of a regional branch of a political party is three times the minimum wage established by federal law as of March 1 of the year preceding the year of state registration of a regional branch of a political party.

Article 16. Documents submitted for state registration of a political party created at the founding congress of a political party

1. For state registration of a political party created at the founding congress of a political party, the following documents are submitted to the federal registering body:

a) a statement signed by authorized persons of a political party, indicating their surnames, names, patronymics, addresses of residence and contact phones;

b) the charter of a political party in two copies, bound, numbered, certified by authorized persons of the political party;

c) the program of the political party, certified by the authorized persons of the political party;

d) copies of decisions of the founding congress of a political party on the creation of a political party, on the adoption of the charter of a political party and on the adoption of its program, on the creation of regional branches of a political party, on the formation of its governing and control and audit bodies, indicating the data on the representation delegates to this convention and voting results;

g) a copy of the all-Russian periodical, which contains information about the place and date of the founding congress of a political party;

h) copies of the minutes of conferences or general meetings of regional branches of a political party held in more than half of the constituent entities of the Russian Federation, certified by authorized persons of regional branches of a political party, indicating the number of members of a political party in its regional branches that meet the requirements of paragraph 2 of Article 3 of this Federal Law, as well as the location of the governing bodies of the regional branches of a political party.

Article 17. Documents submitted for state registration of a political party created by transforming an all-Russian public organization or an all-Russian public movement into a political party

1. For state registration of a political party created by transforming an all-Russian public organization or an all-Russian public movement into a political party, the following documents shall be submitted to the federal registering body:

a) a statement signed by authorized persons of an all-Russian public organization, an all-Russian public movement or other body responsible for their transformation into a political party, indicating the surnames, first names, patronymics, addresses of residence and contact phones of such persons;

b) the charter of a political party in two copies, bound, numbered, certified by authorized persons of an all-Russian public organization, an all-Russian public movement or other body responsible for their transformation into a political party;

c) the program of a political party, certified by authorized persons of an all-Russian public organization, an all-Russian public movement or other body responsible for their transformation into a political party;

d) certified by authorized persons of an all-Russian public organization, an all-Russian public movement or other body responsible for their transformation into a political party, copies of decisions of the congress of an all-Russian public organization or an all-Russian public movement on their transformation into a political party, on the adoption of the charter of a political party and on its adoption programs on the transformation of regional branches of an all-Russian public organization or an all-Russian public movement into regional branches of a political party, on the formation of its governing and control and auditing bodies, indicating data on the representation of delegates at this congress and the results of voting;

e) document confirming the payment of the registration fee;

f) document on the provision of the legal address of the political party;

g) a copy of the all-Russian periodical, which contains information about the place and date of the congress of an all-Russian public organization or an all-Russian public movement convened to transform them into a political party;

h) copies of the minutes of conferences or general meetings of regional branches of an all-Russian public organization or an all-Russian public movement, certified by authorized persons of regional branches of an all-Russian public organization or an all-Russian public movement, with decisions on the transformation of regional branches of an all-Russian public organization or an all-Russian public movement to the regional branches of a political party and indicating the number of members of a political party in its regional branches that meet the requirements of paragraph 2 of Article 3 of this Federal Law, as well as the location of the governing bodies of regional branches of a political party;

i) a transfer act of an all-Russian public organization or an all-Russian public movement, drawn up in accordance with the Civil Code of the Russian Federation.

2. The federal registering body, on the day of receipt of the documents specified in paragraph 1 of this article, shall issue a document confirming their receipt to the authorized persons of the political party. The federal registering body is not entitled to require a political party to submit documents not provided for by paragraph 1 of this article for state registration of a political party.

Article 18. Documents submitted for state registration of a regional branch of a political party

1. For state registration of a regional branch of a political party, the following documents are submitted to the territorial registering body:

a) a copy of the decision of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian public movement on the creation (transformation) of regional (territorial) branches of a political party, or a copy of the decision of an authorized body of a political party on the creation (transformation) of regional (territorial) branches of a political party;

b) a copy of the certificate of state registration of the political party certified by the authorized persons of the political party;

c) copies of the charter and program of the political party certified by authorized persons of the political party;

d) a copy of the minutes of the conference or general meeting of the regional branch of the political party, certified by authorized persons of the regional branch of the political party, indicating the number of members of the political party in its regional branch, as well as the location of the governing bodies of the regional branch of the political party;

e) document confirming the payment of the registration fee;

f) a document on the provision of a legal address to the regional branch of a political party.

2. The territorial registration body, on the day of receipt of the documents specified in paragraph 1 of this article, issues a document confirming their receipt to the authorized persons of the political party. The territorial registering body is not entitled to require a political party to submit documents not provided for by paragraph 1 of this article for state registration of a regional branch of a political party.

Article 19. Information on registered political parties

1. Information on the creation and liquidation of political parties is published in all-Russian periodicals.

2. The registering bodies shall make records on the state registration of political parties and their regional branches in the unified state register of legal entities, open for general knowledge.

3. Within two months from the date of entry into force of this Federal Law, the federal registering body opens a special site in the public information and telecommunications network and publishes the address of this site in the "Rossiyskaya Gazeta".

4. The federal registering body annually publishes a list of political parties and their regional branches as of January 1 in all-Russian periodicals and places this list on a special website in the public information and telecommunications network, indicating the date of registration of each political party and each regional branch of a political party. The website also contains annually consolidated financial reports of political parties, contact numbers of the permanent governing bodies of political parties and their regional branches, and other open information about political parties.

5. The registering authorities, at the request of the relevant election commissions, shall submit to them, within ten days from the date of receipt of the request, lists of political parties and their regional branches that meet the requirements of paragraph 2 of Article 36 of this Federal Law as of the day of receipt of the corresponding request.

6. Information about the members of a political party, submitted for information to the registration authorities, refers to information with limited access. Disclosure of the information specified in this paragraph without the consent of the relevant members of the political party entails liability established by the legislation of the Russian Federation.

Article 20. Grounds for refusing state registration of a political party or its regional branch

1. A political party may be denied state registration if:

a) the provisions of the charter of a political party contradict the Constitution of the Russian Federation, federal constitutional laws, this Federal law and other federal laws;

b) the name and (or) symbols of the political party do not meet the requirements of Articles 6 and 7 of this Federal Law;

c) documents required in accordance with this Federal Law for state registration of a political party have not been submitted;

d) the federal registering body has established that the information contained in the documents submitted for state registration of a political party does not meet the requirements of this Federal Law;

e) the deadlines for the submission of documents required for state registration of a political party established by this Federal Law have been violated.

2. A regional branch of a political party may be denied state registration if:

a) the documents required in accordance with this Federal Law for state registration of a regional branch of a political party have not been submitted;

b) the territorial registration authority has established that the information contained in the documents submitted for state registration of the regional branch of a political party does not meet the requirements of this Federal Law.

3. The program of a political party is presented solely for the information of the federal registering authority. Any errors, inaccuracies in the program of a political party cannot serve as grounds for refusing state registration of a political party, with the exception of violation of the requirements of paragraph 1 of Article 9 of this Federal Law. The federal registering authority is prohibited from requiring a political party to make any changes to its program.

4. If the registration authorities take a decision to refuse state registration of a political party or its regional branch, the applicant is informed about this in writing no later than one month from the date of receipt of the submitted documents, indicating the specific provisions of the legislation of the Russian Federation, the violation of which entailed the refusal in the state registration of a given political party or its regional branch.

5. Refusal of state registration or evasion of state registration of a political party or its regional branch may be appealed against in court. An application of a political party or its regional branch to appeal against the refusal of state registration is considered by the court within one month from the date of submission of the application. Refusal of state registration of a political party or its regional branch is not an obstacle for re-submission of documents to the registration authorities for state registration of a political party or its regional branch, provided that the grounds that caused such a refusal are eliminated. Consideration by the registration authorities of repeated submissions of documents and making decisions on them shall be carried out in the manner prescribed by this Federal Law for the state registration of a political party or its regional branch.

6. The federal registering body is obliged, within a month after the entry into force of this Federal Law, to approve and publish in the "Rossiyskaya Gazeta" samples of documents required for state registration of a political party and its regional branch.

7. Samples of documents required for state registration of a political party and its regional branch are also posted by the federal registration authority on a special website in the public information and telecommunications network within a month after their approval.

Chapter IV. Internal organization political party

Article 21. Charter of a political party

1. A political party, its regional branches and other structural subdivisions act on the basis of the charter of a political party and in accordance with it.

2. The charter of a political party must contain provisions defining:

a) the goals and objectives of the political party;

b) the name of the political party, including an abbreviated one, as well as a description of the symbols (if any);

c) the conditions and procedure for the acquisition and loss of membership in a political party, the rights and obligations of its members;

d) the procedure for registering members of a political party;

e) the procedure for the creation, reorganization and liquidation of a political party, its regional branches and other structural divisions;

f) the procedure for electing the governing and control and auditing bodies of a political party, its regional branches and other structural subdivisions, the term of office and the competence of these bodies;

g) the procedure for making changes and additions to the charter of a political party and its program;

h) the rights of a political party, its regional branches and other structural subdivisions in the field of money and other property management, financial responsibility of a political party, its regional branches and other structural subdivisions and the procedure for reporting a political party, its regional branches and other structural subdivisions;

i) the procedure for the nomination of candidates (lists of candidates) from a political party for deputies and for other elective positions in state and local government bodies;

j) the grounds and procedure for recalling candidates nominated by a political party, registered candidates for deputies and for other elective positions in state and local government bodies.

3. The charter of a political party may contain other provisions related to its activities and not contradicting the legislation of the Russian Federation.

4. Changes and additions to the charter of a political party are subject to state registration within the time limits provided for by this Federal Law. For state registration of changes and additions to the charter of a political party, a registration fee is charged in the amount of three minimum wages established by federal law for March 1 of the year preceding the year of state registration of changes and additions to the charter of a political party.

When registering changes and additions to the charter of a political party, the federal registering body is not entitled to make demands on a political party that are not related to changes and additions to its charter.

Article 22. Program of a political party

1. A political party must have a program that defines the principles of the political party's activities, its goals and objectives, as well as methods for achieving goals and solving problems.

2. Changes and additions made to the program of a political party, within a month after their introduction, are submitted to the federal registering body for information.

Article 23. Membership in a political party

1. Membership in a political party is voluntary and individual.

2. Members of a political party may be citizens of the Russian Federation who have reached the age of 18 years. Foreign citizens and stateless persons, as well as citizens of the Russian Federation who have been declared legally incompetent by a court, are not entitled to be members of a political party.

3. Admission to a political party is carried out on the basis of personal written applications of citizens of the Russian Federation in the manner prescribed by the charter of a political party.

4. Members of a political party participate in the activities of a political party, have the rights and responsibilities in accordance with its charter.

5. Members of a political party have the right to elect and be elected to the governing bodies of a political party, its regional branches and other structural subdivisions, to receive information about the activities of a political party and its governing bodies, as well as to appeal against decisions and actions of these bodies in the manner prescribed by the charter of the political party.

6. A citizen of the Russian Federation can be a member of only one political party. A member of a political party can be a member of only one regional branch of a given political party - at the place of permanent or primary residence.

7. It is forbidden to demand from citizens of the Russian Federation that they, when submitting official information about themselves, indicate membership in a political party or lack thereof.

8. Membership of a citizen of the Russian Federation in a political party or the absence thereof cannot serve as a basis for restricting his rights and freedoms, as well as being a condition for granting him any advantages.

9. Members of a political party are not bound by decisions of a political party in the performance of their official or official duties, with the exception of persons working in the governing and control and auditing bodies of a political party, its regional branches or other structural subdivisions.

10. Membership in a political party cannot be limited on the basis of professional, social, racial, national or religious affiliation, as well as depending on gender, origin, property status, place of residence. Restrictions on the right to join a political party or the obligation to suspend membership in a political party may be established for certain categories of citizens of the Russian Federation by federal constitutional laws and federal laws.

Article 24. Leading bodies of a political party and its regional branches

1. The supreme governing body of a political party is the congress of a political party.

2. The highest governing body of a regional branch of a political party is a conference or general meeting of the regional branch of a political party.

3. The election of the governing bodies of a political party must be carried out at least once every four years.

4. The election of the governing bodies of the regional branches of a political party should be carried out at least once every two years.

Article 25. Procedure for adopting the charter, program of a political party and other important decisions

1. Adoption of the charter and program of a political party, making amendments and additions to them, election of governing and control and auditing bodies of a political party, nomination by a political party of candidates (lists of candidates) for deputies and other elective positions in government bodies and local self-government bodies, Consideration of issues on the reorganization or liquidation of a political party and its regional branches is carried out at the congress of a political party, in which delegates from regional branches of a political party, formed in more than half of the constituent entities of the Russian Federation, take part. Decisions on these issues are made in accordance with the charter of the political party by a majority vote of the delegates present at the congress of the political party.

2. Decisions on the election of governing and control and auditing bodies of regional branches of a political party, on the nomination by regional branches of a political party of candidates (lists of candidates) for deputies and other elective positions in government bodies of the constituent entities of the Russian Federation and local self-government bodies are taken at a conference or general a meeting of regional branches of a political party in accordance with the charter of a political party by a majority vote of delegates present at a conference or general meeting of regional branches of a political party.

3. Decisions on the election of governing and control and auditing bodies of a political party and its regional branches, as well as on the nomination of candidates (lists of candidates) for deputies and other elective positions in government bodies and local self-government bodies are made by secret ballot.

4. Decisions on other issues of the activities of a political party, its regional branches and other structural subdivisions are made in accordance with the charter of the political party.

Chapter V. Rights and obligations of a political party

Article 26. Rights of a political party

A political party in the manner prescribed by the legislation of the Russian Federation has the right to:

a) freely disseminate information about their activities, promote their views, goals and objectives;

b) participate in the development of decisions of state authorities and local self-government bodies in the manner and volume established by this Federal Law and other laws;

c) participate in elections and referenda in accordance with the legislation of the Russian Federation;

d) create regional, local and primary branches, including those with the rights of a legal entity, make decisions on their reorganization and liquidation;

e) organize and conduct meetings, rallies, demonstrations, processions, picketing and other public events;

f) to establish publishing houses, news agencies, printing enterprises, mass media and educational institutions of additional education for adults;

g) use state and municipal mass media on equal terms;

h) create associations and alliances with other political parties and other public associations without forming a legal entity;

i) defend their rights and represent the legitimate interests of their members;

j) establish and maintain international relations with political parties and other public associations of foreign states, join international unions and associations;

k) carry out entrepreneurial activities in accordance with the legislation of the Russian Federation and the charter of a political party.

A political party is entitled to carry out other activities established by the legislation of the Russian Federation.

Article 27. Duties of a political party

1. A political party is obliged:

a) observe in its activities the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, as well as the charter of a political party;

b) annually submit to the registering authorities information on the number of members of a political party in each of the regional branches, on the continuation of their activities indicating the location of the permanent governing body, as well as copies of the consolidated financial report of the political party and financial (accounting) submitted to the tax authorities of the Russian Federation. ) reports of its regional offices and other structural divisions with the rights of a legal entity (hereinafter - registered structural divisions);

c) admit representatives of registration authorities to open events (including congresses, conferences or general meetings) held by a political party, its regional branches and other structural divisions;

d) notify in advance the election commission of the appropriate level about the activities related to the nomination of their candidates (lists of candidates) for deputies and other elective positions in government bodies and local self-government bodies, and admit representatives of the election commission of the corresponding level to these events.

2. A political party and its regional branches annually submit to the registering authorities information on the number of candidates nominated by a political party, its regional branches and other structural subdivisions (including as part of an electoral bloc) of registered candidates for deputies and for other elective positions in government bodies and bodies of local self-government, as well as information on the lists of candidates for deputies registered by election commissions. The specified information is presented in the form of a copy of the protocol on the election results, certified by the election commission of the corresponding level.

Article 28. Property of a political party

1. A political party may own any property necessary to ensure its activities provided for by this Federal Law and the charter of a political party.

2. The owner of the property of a political party, including the property of its regional branches and other structural subdivisions, is the political party as a whole. Members of a political party have no rights over the property of a political party. Regional branches and other registered structural subdivisions of a political party have the right of operational management of property assigned to them by the owner, have an independent balance sheet or estimate.

3. The property of a political party is used only for the realization of goals and the solution of tasks stipulated by the charter and program of the political party.

4. Regional branches and other registered structural subdivisions of a political party shall be liable for their obligations with the property at their disposal. If the specified property is insufficient, the political party shall bear subsidiary responsibility for the obligations of a regional branch or other registered structural subdivision of a political party.

5. Responsibility for the financial activities of a political party, its regional branches and other registered structural subdivisions shall be borne by authorized persons appointed in accordance with the charter of the political party.

Article 29. Funds of a political party

1. The funds of a political party are formed at the expense of:

a) entrance and membership fees, if their payment is provided for by the charter of a political party;

b) federal budget funds provided in accordance with this Federal Law;

c) donations;

d) receipts from events held by a political party, its regional branches and other structural divisions, as well as income from entrepreneurial activities;

e) proceeds from civil transactions;

f) other income not prohibited by law.

2. The funds of a political party shall be deposited in accounts with credit institutions registered in the territory of the Russian Federation. A political party, its regional branches and other registered structural subdivisions may have only one current account.

Article 30. Donations to a political party and its regional branches

1. A political party and its regional branches have the right to accept donations in the form of monetary funds and other property from individuals and legal entities, provided that these donations are documented and their source is indicated.

2. Donations to a political party and its regional branches in the form of funds are made by bank transfer. Donations from individuals are allowed by transferring cash to a political party and its regional branches. The total amount of annual donations of cash from one individual must not exceed ten minimum wages established by federal law as of March 1 of the year preceding the year of transfer of these funds.

3. Donations to a political party and its regional branches from:

a) foreign states and foreign legal entities;

b) foreign citizens;

c) stateless persons;

d) citizens of the Russian Federation under the age of 18;

e) Russian legal entities with foreign participation, if the share of foreign participation in their authorized (pooled) capital exceeds 30 percent on the day the donation is made (for open joint-stock companies - on the day the list of shareholders for the previous year is compiled);

f) international organizations and international social movements;

g) bodies of state power and bodies of local self-government;

h) state and municipal organizations;

i) legal entities that have a share of state or municipal property in their authorized (pooled) capital that exceeds 30 percent on the day the donation is made;

j) military units, military organizations, law enforcement agencies;

k) charitable organizations and religious associations, as well as from organizations established by them;

l) anonymous donors;

m) legal entities registered less than one year before the date of the donation.

4. Donations specified in paragraph 3 of this article, as well as donations, the transfer of which entails an excess of the amount specified in paragraph 9 of this article, a political party or its regional branch within a month from the date of their receipt must return to donors, and in case the impossibility of transferring the return to the income of the Russian Federation.

5. A legal entity, when transferring a donation in the form of funds to a political party or its regional branch, transfers them to the account of a political party or its regional branch in a credit institution, indicating the details provided for by the rules of non-cash payments for legal entities, and puts a mark in the payment order about the absence restrictions on donations provided for in paragraph 3 of this article.

6. A citizen of the Russian Federation, when transferring a donation in the form of funds to a political party or its regional branch, transfers them to the account of a political party or its regional branch in a credit institution personally from his own funds with the presentation of a passport or a document replacing it and an indication in the payment order or in cash translation of surname, name, patronymic and date of birth. When a citizen of the Russian Federation makes a donation by transferring cash to a political party or its regional branch in accordance with paragraph 2 of this article, the surname, name, patronymic and date of birth of the donor are indicated in the receipt order.

7. In the event that a donation is not made in the form of monetary funds, a political party or its regional branch shall evaluate it in monetary terms in accordance with the legislation of the Russian Federation and enter the relevant data, including information about the donor specified in clauses 5 and 6 of this article, to the consolidated financial report of the political party or the financial (accounting) report of the regional branch of the political party.

8. The amount of donations received by a political party, including its regional branches, from one legal entity during a calendar year should not exceed one hundred thousand minimum wages established by federal law as of March 1 of the year preceding the year of donations. The amount of donations received by a political party, including its regional branches, from one individual during a calendar year must not exceed ten thousand minimum wages established by federal law as of March 1 of the year preceding the year of donations.

9. The total amount of annual donations received by a political party and its regional branches should not exceed ten million minimum wages established by federal law as of March 1 of the year preceding the reporting year. At the same time, the amount of annual donations received by the regional branch of a political party should not exceed two hundred thousand minimum wages established by federal law as of March 1 of the year preceding the reporting year.

Article 31. Economic activity of a political party

1. A political party is independent in resolving economic issues of ensuring its activities, including issues of remuneration, entrepreneurial activity, receipt and use of funds and other property.

2. Employees of the apparatus of a political party, its regional branches and other structural subdivisions working under an employment agreement (contract) shall be subject to the legislation of the Russian Federation on labor and social insurance.

A political party, its regional branches and other structural subdivisions have the right to conclude fixed-term labor agreements (contracts) with employees of the political party's apparatus for a period not exceeding the term of office of the governing bodies of the political party, its regional branches or other structural subdivisions.

3. In order to create financial and material conditions for the implementation of goals and the solution of tasks provided for by the charter and program of a political party, a political party, its regional branches and other structural divisions have the right to carry out the following types of entrepreneurial activity:

b) production and sale of souvenirs with symbols and (or) the name of a political party, as well as production and sale of publishing and printing products;

c) sale and lease of movable and immovable property owned by a political party.

4. A political party, its regional branches and other structural subdivisions are not entitled to carry out types of entrepreneurial activities not specified in paragraph 3 of this article.

5. Income from entrepreneurial activities of a political party, its regional branches and other structural subdivisions cannot be redistributed among members of a political party and should be used only for the purposes provided for by its charter.

6. The results of the economic activities of a political party, its regional branches and other structural subdivisions must be reflected in the consolidated financial report of the political party and financial (accounting) reports of its regional branches and other registered structural subdivisions.

7. A political party, its regional branches and other structural subdivisions have the right to carry out charitable activities.

Chapter VI. State support for political parties

Article 32. Types of state support for political parties

1. Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government provide support on equal terms to political parties, their regional branches and other structural divisions through:

a) ensuring equal conditions and guarantees of access to state and municipal mass media;

b) creation of equal conditions for the provision of premises and communication facilities that are in state and (or) municipal ownership, on conditions similar to the conditions for their provision to state and municipal institutions;

c) ensuring equal conditions for participation in election campaigns, referendums, public and political actions.

2. State support for political parties is also carried out through their state funding in accordance with Article 33 of this Federal Law.

3. State funding of a political party shall be suspended in the event of suspension of its activities, as well as in the event that the political party fails to comply with the requirements of Article 34 of this Federal Law.

4. In the event of the liquidation of a political party, its regional branch and other structural subdivision, the state support of this political party, its regional branch and other structural subdivision shall be terminated from the date of entry into force of the court decision on the liquidation of the political party, its regional branch and other structural subdivision, or from the date of adoption of the relevant decision by the authorized body of the political party. In case of reorganization of a political party, its regional branch and other structural subdivision, the state support of this political party, its regional branch and other structural subdivision is terminated from the date of making the corresponding entry in the unified state register of legal entities.

Chapter VII. State funding of political parties

Article 33. Federal budget funds allocated to political parties

1. State support of political parties through their state funding is carried out based on the results of the participation of political parties in elections in order to compensate for the financial costs of political parties at the expense of the federal budget in the manner prescribed by this Federal Law.

2. The federal budget funds allocated for state financing of political parties are provided in it as a separate line in accordance with the budget classification of the Russian Federation.

3. The total amount of federal budget funds allocated for state financing of political parties may not be less than 0.005 of the minimum wage established by federal law for March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of voters included in the voter lists by the next previous elections of deputies of the State Duma of the Federal Assembly of the Russian Federation or the elections of the President of the Russian Federation.

4. Funds from the federal budget allocated for state financing of political parties are directed to the settlement accounts of political parties in annual and one-time transfers. The necessary calculations and transfers of these funds are carried out by the federal treasury based on the results of the elections, information on which is provided to it by the Central Election Commission of the Russian Federation.

5. Political parties have the right to receive federal budget funds in one of the following cases:

a) if the federal list of candidates nominated by a political party or an electoral bloc, in which the political party took part in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, received at least 3 percent of the votes of voters who took part in voting in the federal electoral district as a result of the elections ;

b) if, based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation in single-mandate electoral districts, at least 12 candidates nominated by a political party or the electoral bloc specified in subparagraph a by the bloc, the federal list of candidates received less than 3 percent of the votes cast by voters who took part in the election as a result of the elections);

c) if a registered candidate for the office of the President of the Russian Federation, nominated by a political party or an electoral bloc in which the political party took part in the elections of the President of the Russian Federation, received at least 3 percent of the votes cast by voters who took part in the election.

6. State funding of political parties that took part in the elections independently and falling under paragraph 5 of this article shall be carried out:

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - annually in the amount of 0.005 of the minimum wage established by the federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the federal list of candidates nominated by the political a party, or candidates nominated by a political party and elected to the State Duma of the Federal Assembly of the Russian Federation in single-mandate constituencies in accordance with subparagraph "b" of paragraph 5 of this article;

b) based on the results of the elections of the President of the Russian Federation - at the same time in the amount of 0.005 of the minimum wage established by the federal law for March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by a registered candidate nominated by a political party for the office of President of the Russian Federation ...

7. State funding of political parties that were part of an electoral bloc and falling under paragraph 5 of this article shall be carried out:

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - annually in the amount of 0.005 of the minimum wage established by the federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the federal list of candidates nominated by the electoral by a bloc, or candidates nominated by an electoral bloc and elected to the State Duma of the Federal Assembly of the Russian Federation in single-mandate constituencies in accordance with subparagraph "b" of paragraph 5 of this article;

b) based on the results of the elections of the President of the Russian Federation - at the same time in the amount of 0.005 of the minimum wage established by the federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the registered candidate for the office of President of the Russian Federation nominated by the electoral bloc ...

8. The federal budget funds provided for by paragraph 7 of this article shall be distributed among the political parties that were part of the electoral bloc, in equal shares, unless otherwise determined by the electoral bloc during its creation.

9. The federal budget funds provided for by paragraphs 6 and 7 of this article are allocated:

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - no later than three months from the date of the official publication of the election results and subsequently annually during the entire term of office of the State Duma of the Federal Assembly of the Russian Federation of the corresponding convocation;

b) based on the results of the elections of the President of the Russian Federation - at the same time no later than one year after the date of the official publication of the results of the elections.

10. Political parties have the right to refuse state funding provided for in paragraphs 3, 6 and 7 of this article. If a political party refuses state funding, the funds allocated to the political party from the federal budget based on the election results remain in the federal budget.

Article 34. Financial statements political party

1. A political party, its regional branches and other registered structural subdivisions shall carry out financial and accounting reports in the manner and terms established by the legislation of the Russian Federation for legal entities.

2. A political party shall be obliged annually, no later than March 20 of the year following the reporting year, to submit to the tax authorities of the Russian Federation a consolidated financial report on the receipt and expenditure of funds in the reporting year.

3. The consolidated financial report of a political party must contain information on the sources and amounts of funds received to the accounts of the political party, its regional branches and other registered structural units in the reporting year, on the expenditure of these funds, as well as on the property of the political party, indicating it cost and information about its state registration. At the same time, funds spent by a political party, its regional branches and other registered structural units for the preparation and conduct of elections are accounted for separately. The form of the consolidated financial report is established by the tax authorities of the Russian Federation in accordance with this Federal Law. The list of requirements for the consolidated financial report of a political party provided for by this paragraph is exhaustive.

Article 35. Control over the financial activities of a political party

1. Verification of the consolidated financial report of a political party and financial (accounting) reports of its regional branches and other registered structural subdivisions shall be carried out by the tax authorities of the Russian Federation.

2. The consolidated financial report of a political party shall be posted by the federal registering body on a special website of the public information and telecommunications network no later than two months from the date the political party submits the said report to the federal tax authority.

Chapter VIII. Participation of political parties in elections and referenda

Article 36. Participation of political parties in elections and referenda

1. A political party is the only type of public association that has the right to independently nominate candidates (lists of candidates) for deputies and other elective positions in government bodies.

2. A political party, and in cases stipulated by the charter of a political party, and its regional branches have the right to take part in elections and referenda, the official publication of the decision on the appointment (holding) of which took place after the political party submitted documents confirming the state registration of its regional branches in more than half of the constituent entities of the Russian Federation.

3. A political party has the right to participate in elections and referenda independently, as well as to join electoral blocs with other political parties, other all-Russian public organizations and all-Russian public movements in the manner prescribed by electoral legislation.

4. When nominating candidates (lists of candidates) for deputies and other elective positions in government bodies and local self-government bodies, a political party and (or) electoral bloc must publish their programs in the manner and terms established by electoral legislation.

Article 37. Recognition of a political party participating in elections

1. A political party is considered to be participating in elections in one of the following cases of voting in elections for:

a) nominated by her (or by the electoral bloc of which she is a member) and registered federal list of candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation;

b) nominated by her (or by the electoral bloc of which she is a member) and registered candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation in at least 5 percent of single-mandate constituencies;

c) nominated by her (or by the electoral bloc of which she is a member) and registered candidate for the office of President of the Russian Federation;

d) nominated by her (including as part of the electoral bloc) and registered candidates for the post of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) in at least 10 percent of the constituent entities of the Russian Federation;

e) nominated by it (including as part of an electoral bloc) and registered candidates (lists of candidates) for deputies of the legislative (representative) bodies of the constituent entities of the Russian Federation in at least 20 percent of the constituent entities of the Russian Federation;

f) nominated by it (including as part of an electoral bloc) and registered candidates (lists of candidates) for elections to local self-government bodies in more than half of the constituent entities of the Russian Federation.

2. A political party that has not taken part in elections for five consecutive years in accordance with Clause 1 of this Article shall be subject to liquidation in accordance with Article 41 of this Federal Law.

Chapter IX. Suspension of activities and liquidation of political parties

Article 38. Control over the activities of political parties

1. Control over the observance by political parties, their regional branches and other structural units of the legislation of the Russian Federation, as well as the compliance of the activities of a political party, its regional branches and other structural units with the provisions, goals and objectives stipulated by the statutes of political parties, is carried out by the registration authorities.

These bodies have the right:

a) not more often than once a year to get acquainted with the documents of political parties and their regional branches, confirming the presence of regional branches and the number of members of a political party;

b) send their representatives to participate in open events held by the political party, its regional branches and other structural divisions (including in congresses, conferences or general meetings) for the adoption of the charter and program of the political party, making amendments and additions to them, elections of leading and control and audit bodies of a political party, the nomination of candidates for deputies and other elective positions in government bodies and local self-government bodies, the reorganization and liquidation of a political party and its regional branches;

c) issue a written warning to a political party, its regional branch or other registered structural unit (indicating the specific grounds for issuing a warning) if they carry out activities that contradict the provisions, goals and objectives provided for by the charter of the political party. This warning can be appealed by a political party, its regional branch or other registered structural unit in court. If a warning is issued to a regional branch or other registered structural subdivision of a political party, the territorial registering body is obliged to immediately notify the federal registering body and the governing body of the political party about it;

d) submit to the court an application for the suspension or liquidation of a political party, its regional branch or other registered structural unit in accordance with Clause 3 of Article 39, Clause 3 of Article 41 and Clause 3 of Article 42 of this Federal Law.

2. Control over the sources of income of political parties, their regional branches and other registered structural subdivisions, the amount of funds received by them and the payment of taxes shall be exercised by the tax authorities of the Russian Federation.

Article 39. Suspension of the activity of a political party, its regional branch and other structural subdivision

1. In the event of a violation by a political party of the Constitution of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws, the federal registering body issues a written warning to the political party indicating the violations committed and sets a deadline for their elimination of at least two months. If the political party has not rectified these violations within the prescribed period and the warning of the federal registering body has not been appealed to the court, the activities of the political party may be suspended for up to six months by a decision of the Supreme Court of the Russian Federation on the basis of an application from the federal registering body.

2. In the event that a regional branch or other structural unit of a political party violates the Constitution of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws, the relevant territorial registering body issues a written warning to the regional branch or other structural unit of the political party indicating the violations committed and sets the deadline their elimination, amounting to at least one month. If the regional branch or other structural subdivision of the political party did not eliminate these violations within the prescribed period and the warning of the territorial registering body was not appealed to the court, the activities of the regional branch or other structural subdivision of the political party may be suspended for up to six months by the decision of the Supreme a republican court, a regional or regional court, a federal city court, a court of an autonomous region and an autonomous area on the basis of an application from the relevant territorial registering authority.

3. The registering authorities have the right to submit to the court an application for the suspension of the activities of a political party, its regional branch or other structural unit after issuing two written warnings in accordance with subparagraph "c" of paragraph 1 of Article 38 of this Federal Law, if these warnings have not been appealed to the court in the manner prescribed by law or if they are not recognized by the court as not based on the law. An application by a federal or territorial registering body to a court to suspend the activities of a political party, its regional branch or other structural unit cannot be brought to a court during the period when it is considering complaints about these warnings.

4. In the event that the local or primary branch of a political party is not a legal entity, the responsibility established by this Federal Law for the violations committed by the said local or primary branch is borne by the corresponding regional branch of the political party.

5. The activities of a political party, the federal list of which at the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation was admitted to the distribution of deputy mandates, may not be suspended on the grounds provided for by subparagraphs "d" and "e" of paragraph 3 of Article 41 of this Federal Law, in within four years from the day of voting in the specified elections.

6. It is not allowed to suspend the activities of a political party from the day of the official publication of the decision on the appointment (holding) of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, elections of the President of the Russian Federation until the day of the official publication of the results of the relevant elections, except for the cases provided for in clauses 1, 4 and 5 Article 9 of this Federal Law.

7. It is not allowed to suspend the activities of a regional branch of a political party from the day of the official publication of the decision on the appointment (holding) of elections of deputies of the legislative (representative) body of the corresponding constituent entity of the Russian Federation, the highest official of the corresponding constituent entity of the Russian Federation (the head of the supreme executive body of state power of the corresponding constituent entity of the Russian Federation) ) before the day of the official publication of the results of the said elections, except for the cases provided for by Clauses 1, 4 and 5 of Article 9 of this Federal Law.

Article 40. Consequences of the suspension of the activities of a political party, its regional branch and other structural subdivision

1. In the event of the suspension of the activities of a political party, its regional branch or other structural unit for a period established by a court decision, the rights of a political party, its regional branch or other structural unit as a founder of the media are suspended, and they are prohibited from using state and municipal media , organize and hold meetings, rallies, demonstrations, processions, picketing and other public events, take part in elections and referendums, use bank deposits, except for settlements related to the economic activities of a political party, its regional branch or other structural unit, compensation losses (damage) caused by their actions, payment of taxes and fines, and settlements under labor agreements (contracts).

2. If, within the period of suspension of the activity of a political party, its regional branch or other structural subdivision within the period established by the court decision, the violations that served as the basis for such suspension are eliminated, after the expiration of the specified period, the political party, its regional branch or other structural subdivision shall resume their activities.

3. In the event that a political party, its regional branch or other structural unit fails to eliminate the violations that served as the basis for the suspension of their activities, the federal or territorial registering body that filed a petition to the court to suspend the activities of a political party, its regional branch or other structural unit shall submit to the relevant court a statement on the liquidation of a given political party, its regional branch or other structural unit.

Article 41. Liquidation of a political party

1. A political party may be liquidated by the decision of its highest governing body - the congress or by the decision of the Supreme Court of the Russian Federation.

2. The decision of the congress of a political party on the liquidation of a political party shall be made in the manner prescribed by paragraph 1 of Article 25 of this Federal Law and the charter of a political party.

3. A political party may be liquidated by decision of the Supreme Court of the Russian Federation in the event of:

b) failure to eliminate, within the period established by the court decision, the violations that served as the basis for the suspension of the activities of the political party;

c) non-participation of a political party in elections in accordance with Article 37 of this Federal Law;

d) the absence of regional branches of a political party with at least one hundred members of a political party in more than half of the constituent entities of the Russian Federation;

E) absence of the required number of members of the political party, provided for by paragraph 2 of Article 3 of this Federal Law.

4. An application for the liquidation of a political party shall be submitted to the Supreme Court of the Russian Federation by the federal registering body.

5. A political party, whose federal list at the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation was admitted to the distribution of deputy mandates, cannot be liquidated on the grounds provided for in subparagraphs "d" and "e" of paragraph 3 of this article, within four years from voting day in the specified elections.

6. Liquidation of a political party by decision of the Supreme Court of the Russian Federation from the date of official publication of the decision on the appointment (holding) of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, elections of the President of the Russian Federation until the day of official publication of the results of these elections is not allowed, except for the cases provided for in paragraph 1 Article 9 of this Federal Law.

Article 42. Liquidation of a regional branch and other structural subdivision of a political party

1. A regional branch and other structural subdivision of a political party may be liquidated by decision of a body of a political party authorized by its charter, by a court decision, as well as in the event of liquidation of a political party.

2. Liquidation of a regional branch and other structural subdivision of a political party by decision of a body of a political party authorized by its charter shall be carried out on the basis and in the manner prescribed by the charter of a political party. The specified authorized body shall immediately inform the federal registering body about the decision taken in order to make an appropriate entry in the unified state register of legal entities.

3. Liquidation of a regional branch and other structural subdivision of a political party by a court decision is carried out in the event of:

a) failure to comply with the requirements of Clauses 1, 4 and 5 of Article 9 of this Federal Law;

b) failure to eliminate, within the period established by the court decision, the violations that served as the basis for the suspension of the activities of the regional branch and other structural subdivision of the political party;

c) absence in the regional branch of the political party of the required number of members of the political party provided for by paragraph 2 of Article 3 of this Federal Law.

4. An application for the liquidation of a regional branch and other structural subdivision of a political party shall be submitted to the Supreme Court of the Republic, the Territorial, Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region and the Autonomous Okrug by the federal registering body or the corresponding territorial registering body.

5. It is not allowed to liquidate a regional branch of a political party by a court decision from the day of the official publication of the decision on the appointment (holding) of elections of deputies of the legislative (representative) body of the corresponding constituent entity of the Russian Federation, the highest official of the corresponding constituent entity of the Russian Federation (the head of the supreme executive body of state power of the corresponding constituent entity) Russian Federation) and until the day of the official publication of the results of the said elections, except for the cases provided for by paragraph 1 of Article 9 of this Federal Law.

Article 43. Appealing against a court decision on suspension of activities or liquidation of a political party, its regional branch and other structural subdivision

1. A court decision on the suspension of the activity or liquidation of a political party, its regional branch and other structural subdivision may be appealed in cases and in the manner established by federal law.

2. Cancellation of a court decision on the suspension or liquidation of a political party, its regional branch and other structural subdivision entails compensation by the state for all losses incurred by the political party in connection with the illegal suspension of its activities, the activities of the regional branch and other structural subdivision of the political party or illegal liquidation of a political party, its regional branch and other structural unit.

Article 44. Reorganization of a political party, its regional branch and other structural subdivision

1. The reorganization of a political party is carried out by a decision of the congress of a political party, adopted in the manner prescribed by paragraph 1 of Article 25 of this Federal Law and the charter of a political party.

2. The reorganization of a regional branch and other structural subdivision of a political party is carried out by a decision of the congress of a political party or by a decision of a body of a political party authorized by its charter. A regional branch of a political party does not have the right to independently decide on its own reorganization.

Article 45. Consequences of liquidation and reorganization of a political party

1. In the event of liquidation of a political party, its property after the completion of settlements for its obligations shall be transferred:

a) for the purposes stipulated by the charter and program of the political party, if the liquidation of the political party was carried out by decision of the congress of the political party;

b) to the income of the Russian Federation, if the liquidation of a political party was carried out by a court decision.

2. In the event of a reorganization of a political party, the transfer of its property shall be carried out in the manner established by the Civil Code of the Russian Federation for the reorganization of legal entities.

3. Termination of the activity of a political party in the event of its liquidation or reorganization entails the annulment of the certificate of state registration of the political party and the exclusion of the corresponding entry from the unified state register of legal entities.

Chapter X. Final and Transitional Provisions

Article 46. Entry into force of this Federal Law

1. This Federal Law shall enter into force on the day of its official publication, with the exception of Article 33 and Clause 1 of Article 36. Article 33 of this Federal Law shall enter into force no later than January 1, 2004. Clause 1 of Article 36 of this Federal Law shall enter into force two years after the date of the official publication of this Federal Law.

2. Recognize that Articles 6 and 9 (in terms of provisions concerning political parties) of the Law of the USSR "On Public Associations" (Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1990, N 42, art. 839).

Article 47. Transformation of all-Russian political public associations and the status of interregional, regional and local political public associations

1. All-Russian political public associations created prior to the entry into force of this Federal Law shall have the right to transform into political parties in accordance with this Federal Law within two years from the date of its entry into force.

2. Before the expiration of the period established by paragraph 1 of this article, all-Russian political public associations have the right to participate in elections, including nominating candidates (lists of candidates) for deputies and for other elective positions in government bodies and local self-government bodies in accordance with electoral legislation ...

3. Before the expiration of the period established by paragraph 1 of this article, a political party created by transforming an all-Russian political public organization or an all-Russian political social movement shall have the right to take part in elections from the date of state registration of a political party.

4. Prior to the introduction of amendments to the legislation of the Russian Federation concerning the procedure for the participation of political parties in elections in federal bodies state power, state power bodies of the constituent entities of the Russian Federation and local self-government bodies, political parties participate in the indicated elections in the manner prescribed by the legislation of the Russian Federation for all-Russian political public associations.

5. Upon the expiration of the period specified in paragraph 1 of this article, the all-Russian political public association, which has not been transformed into a political party, loses the status of a political public association and acts as an all-Russian public organization or an all-Russian public movement on the basis of the charter, which is applied in the part that does not contradict this Federal Law.

6. After the expiration of the period specified in paragraph 1 of this article, interregional, regional and local political public associations lose the status of a political public association and act accordingly as interregional, regional or local public associations on the basis of their statutes, which are applied in the part that does not contradict this Federal law.

Article 48. Bringing normative legal acts in accordance with this Federal Law

Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their normative legal acts in line with this Federal Law.

The president
Russian Federation
V. Putin

political party legal constitutional

The essential features of a political party find their concise expression in its various definitions. At the same time, there is no generally accepted definition of a political party in legal and political science, just as there is no unity of approaches to understanding its essence and characteristic features. According to Z.M. Zotova, only in domestic scientific works there are more than two hundred definitions of a political party. Among the set of these definitions in modern political and legal science, the most widespread are electoral (D. Sartori and others), structural (M. Duverger, M. Ostrogorsky), functional (K. Lawson, etc.), structural and functional (K. Neumann). For example, D. Sartori defines a political party as "a political group that actively participates in the conduct of elections and, thanks to this, has the opportunity to conduct its candidates to public authorities." In this case, the essence of a political party is seen, first of all, in its connection with the electoral process, which ensures the coming to power of a certain group of politicians.

The supporter of the functional approach K. Lawson proceeds from the fact that "a political party is an organization of individuals that seeks, through elections or in addition to elections, to extend the powers of the people or a part of it in order to exercise political domination over this institution." It is significant that K. Lawson motivates the brevity of his definition by the lack of the possibility of developing a comprehensive definition of the party. Historically, a similar approach was inherent in a number of domestic researchers of political parties, for example, P.A. Berlin, which defined parties as "free organizations of the masses to achieve a specific social or political goal."

The electoral definition of a party, which is actually a kind of functional definition, is based on singling out the electoral function as the most significant of all the functions carried out by the party. Among Russian researchers, G.M. Mikhalev, who defines political parties as "public associations participating in elections at various federal, regional and local levels, formulating political goals and striving to participate in government bodies."

Structural definitions that derive the essence of a party from the specifics of its organizational structure are also known to modern science. The traditions of the structural approach date back to the works of M.Ya. Ostrogorsky and R. Michels, who studied the patterns of the structural dynamics of contemporary political parties and the tendencies of their oligarchization in a democratic society. In modern science, this direction is represented, first of all, by M. Duverger, who singled out as the most important attributes of the party such characteristics as the features of their structure, duration of existence, factors of the organizational structure. The original structural definition is offered by R.F. Matveev, who views the party as an organization that unites the social movement and the current of social and political thought.

Some Western researchers (S. Neumann et al.) Made quite successful attempts to formulate a complex structural and functional definition of a party as "a statutory organization of political agents of society who are associated with the control of government power and who compete for popular support with another group or groups." The definition of Yu.S. Gambarov, contained in his famous work "Political parties in their past and present" ("free social groups formed within the rule of law for joint action on the basis of common interests and ideas of all united individuals").

Thus, in our opinion, a political party is understood as a temporarily stable public association that expresses the interests of a part of society and aims to fight for the possession of power, characterized by statutory discipline, community of values and corporate interests.

Various theoretical and methodological approaches to the definition of the concept of a political party are formed by both state lawyers and political scientists. Of course, the scientific definitions of a political party, although they do not carry a normative load, are nevertheless reflected in the development and consolidation of the legal structure of political parties in normative acts. At the same time, in the course of its development, the concept of a political party is operationalized: it reflects, first of all, legally significant signs, the fact of the presence or absence of which can be reliably established. In this regard, the position of T.B. Beknazar-Yuzbashev, who proposed to clearly distinguish between the general state-legal meaning of the concept of a party (from the standpoint of considering political parties in the context of their interaction with the entire system of state, socio-political and legal institutions) and a specific legal definition in the law, the form of a specific expression of a party in law ...

The impossibility of fully identifying the legal concept of a political party with the concepts formulated by political and legal sciences has been repeatedly noted in the latest studies on political parties, since “the translation of the corresponding theoretical provisions into normative act requires taking into account the specifics of legal regulation ”.

The question of the criteria for the legal significance of the features of the concept of a political party is of great practical importance. However, this was not always the case. Until the middle of the XX century. the activities of political parties in most countries of competitive democracies were regulated mainly within the framework of the electoral process; accordingly, in the absence of legislation on parties, the scientific concept of a political party was identical to its legal definition. According to the researcher of political parties of the early XX century. Yu.S. Gambarova "political parties are not a legal, but only a social fact, devoid of any legal sanction." However, with the development of the system of sources of law and the establishment of the institution of parties as an independent organizational form of a public association, the issue of identifying legally significant party criteria has become relevant.

Modern legal science has different options allocation of legally significant criteria for a political party. According to Yu.A. Yudin, an analysis of modern legislation allows us to single out three main qualifying signs, in the absence of at least one of which a public association loses the legal quality of a party. This is the conquest of political power (within the framework and on the basis of the Constitution of the Russian Federation) as the main goal of participation in the political process, the unification of individuals on the basis of common political views, the recognition of a certain system of values that are embodied in the party program, and the presence of a formalized permanent party structure.

A.S. Avtonomov defines a political party as a public association that defends and implements the interests of the class or social group it represents by fighting for state power, exercising it, participating in its implementation or exerting the maximum possible impact on its implementation in specific conditions, being in opposition government agency or outside of them. T.V. Shmachkova points to four features that form the party: the ideological orientation of party activity, the long-term and multi-level nature of the association, the focus on the conquest and exercise of power, the appeal to the support of the people.

In the works of Russian researchers devoted to comparative state studies, there are also more detailed versions of the list of legally significant features of a political party. In particular, V.E. Chirkin, among the essential features of a political party reflected in the legislation, highlights its voluntary, self-governing, stable and autonomous nature, the common beliefs and goals of its members as a factor in the formation of the party, the absence of profit-making goals, assistance in the formation and expression of the political will of the people through participation in elections carried out on democratic principles and on the basis of transparency, publicity and openness.

Taking into account the above points of view, the following main features of a political party can be distinguished:

1. The party is a kind of public association. This means that parties, as well as other types of public associations (trade unions, youth, national-cultural and other associations) are voluntary, self-governing formations created at the initiative of citizens, united on the basis of a community of interests to implement common statutory goals. In the Russian legal system the legal significance of correlating a political party with the generic concept of a public association is expressed in the fact that parties are subject to the requirements of the legislation on public associations in the part not regulated by a special law on political parties.

In its organizational and legal form, a party is a membership-based public organization. At the heart of the party organization is a system of relationships between members of a political party, which provides for the presence of certain hierarchical links between various parts of the organization, party discipline and subordination, voluntarily observed by its members. The party is distinguished by the stability of the organization over time - it is created for a long, indefinite period.

The party is the subject of public policy, which is characterized by an ideological mode of action. The goals and objectives of the party are formulated in program documents and election platforms and are implemented in its political activities. The combination of program-worldview and active-activity components distinguishes a political party, on the one hand, from communities of like-minded people (clubs, circle associations), and on the other, from lobbying structures, guided mainly by opportunistic interests.

4. The party aims at gaining its political representation in government bodies through elections, and at participating, through its representatives, in governing the state. The way to ensure the political influence of the party is to appeal to the support of citizens, carried out in an open and adversarial manner.

The legal definition of a political party usually exists only in the legislation of those states where there is legislation on parties. An analysis of the constitutional and legal framework for the activities of political parties reveals an interesting pattern: in countries with long centuries-old traditions of a multi-party system, mentions of parties in the constitutions, as well as special laws on parties, are usually absent, and the activities of parties are regulated within the framework of civil legislation or electoral laws. In particular, there are no laws on political parties in Australia, the United States (at the federal level) and Switzerland. In Great Britain, the law on political parties was adopted only in 2000. In France, the legal regulation of the activities of parties is carried out within the framework of the law on freedom of association.

On the contrary, in countries with relatively recently formed constitutional traditions, the legal regulation of party activities is more substantive. Laws regulating the activities of political parties have been adopted in most of the CIS countries: Azerbaijan, Belarus, Kyrgyzstan, Kazakhstan, Moldova, Tajikistan, Uzbekistan, Ukraine. The need for this is obvious: in countries with a totalitarian and authoritarian past, the transition to democratic forms of organizing political power required the creation of legal prerequisites for ensuring the participation of citizens in public life and substantive regulation of the activities of parties.

The definition of the status of political parties is contained in most constitutions adopted in the second half of the 20th century. In a number of foreign states (Austria, Belgium, Spain, the Netherlands, Portugal, Finland, Sweden), the status of political parties is directly linked to the consolidation of the foundations in the constitutions electoral system... In some countries, the issues of legal regulation of the activities of political parties and the procedure for organizing and holding elections are united under a single normative legal act (for example, in Mexico, the federal law on political organizations and the electoral process). A number of foreign countries (Belgium, Greece, Italy, Spain, Sweden, Finland) have adopted special laws on the procedure for financing political parties.

With the adoption of the Law "On Political Parties", a legal definition of a party appeared in Russian legislation... In accordance with Article 3 of this law, a party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in public authorities and local governments. As can be seen from the definition, the legal structure of a political party is based on status functional criteria that distinguish it from other organizational and legal forms of public associations, namely:

the public-law nature of the goals of activity, expressed in ensuring the participation of citizens in the political life of society;

specific means of realizing these goals (formation and expression of the political will of citizens, participation in political actions, elections and referendums, representation of their interests in state and local government bodies).

In addition, the complex functional definition of a political party contained in paragraph 1 of Article 3 was supplemented in paragraph 2 of Article 3 of the law by indicating a number of structural features - requirements that must be met by a party that claims to constitutionally and legally consolidate its status. It:

- a political party has regional branches in more than half of the constituent entities of the Russian Federation;
- the presence of a political party of at least 50 thousand members;

establishing the minimum number of regional branches of a political party in more than half of the constituent entities of the Russian Federation at the level of 500 members (in other regional branches, the number of each of them cannot be less than 250 members);

finding the governing and other bodies of a political party, its regional branches and other structural subdivisions on the territory of the Russian Federation.

The legal structure of a political party is an essential element of its legal status. However, the legal structure of a party is only the basic basis for securing its status in the system of political institutions. The status of a political party is revealed in more detail in the principles of the activities of political parties, which are the main legal guidelines by which it should be guided in its activities. The priority importance of the principles of activity of political parties lies in the fact that they orientate the law enforcement officer, making it possible to find the necessary solution even in the presence of gaps and legal conflicts.

The principle of voluntariness, based on the provision of part two of Article 30 of the Constitution of the Russian Federation, means that the creation of parties, their activities and membership in them is carried out on the basis of free expression of will. Coercion to participate in the activities of political parties, as well as forcible retention in the ranks of a political party, is not allowed.

The principle of equality enshrined in the law, based on the provisions of part four of Article 13 and part one of Art. 19 of the Constitution of the Russian Federation, means both the equality of rights of citizens united in a political party, and the equality of parties before the law. The state in its activities creates for citizens, members of the parties, equal opportunities for implementation constitutional law to unite, to express their political views and to participate in elections. The principle of equality does not deny the internal party hierarchy that exists in a political party, as in any other organization. After all, the internal organizational unity of a political party presupposes, in addition to having common goals and objectives, also a hierarchical structure of power, the existence of a system of norms and rules for regulating its activities. Accordingly, the principle of legal equality is manifested in the fact that the relations of vertical subordination between the members of the party and its leadership are based on the norms of party discipline that are common to all members, enshrined in the party charter, to which they are subject equally and on a voluntary basis.

The principle of self-government, based on the provision of part one of Article 30 of the Constitution of the Russian Federation on the freedom of activity of public associations, means that parties independently and under their responsibility carry out activities related to the implementation of statutory goals and objectives. The state and its bodies do not have the right to interfere in the internal affairs of parties, to impose on them a certain line of political behavior, to co-opt their representatives into the governing bodies of the party, etc. use unlawful means of influencing parties. At the same time, the consideration and resolution by state bodies (courts, bodies exercising control over the activities of parties in accordance with paragraph 1 of article 38 of the Federal Law "On Political Parties") disputes between party members and its governing bodies concerning violation of the rights and freedoms of citizens are not is interference of the state in internal party relations.

The principle of legality, based on the provision of Part 2 of Article 15 of the Constitution of the Russian Federation, means that political parties in their activities are obliged to comply with the requirements established by the current legislation, to ensure that their program and organizational and statutory documents comply with these requirements.

The principle of publicity of party activities implies its openness to the public, the availability of information about its activities, the public nature of party events and the need to make the most important constituent and program documents public.

The system of principles presented in this study is based on the provisions of the Federal Law "On Political Parties". At the same time, in a number of studies devoted to the problem of the legal status of a party, other principles are also cited that are not substantively indicated by legislation, but as if implied by the systemic connection of its norms. In particular, a number of researchers also emphasize the principles of pluralism and competition, which, in our opinion, is quite justified, since the latter is based on the provisions of parts 1 and 3 of article 13 of the Constitution of the Russian Federation, which recognizes ideological and political diversity and a multiparty system as the foundations of the constitutional system.