Federal law on political parties collection of legislation of the Russian Federation. Federal law on political parties: general characteristics
In order to streamline the party system, it became necessary to define clear criteria for the state registration of a political party.
The Federal Law "On Political Parties" came into force on July 11, 2001. Next, some provisions will be considered that determine the rules for the formation and functioning of a political party.
“A political party is a public association created for the purpose of participation of citizens Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political events, in elections and referendums, as well as in order to represent the interests of citizens in the bodies state power and local governments” (Article 3.1).
A political party must meet the following requirements (art. 3.2):
it must have regional branches in more than half of the subjects of the Russian Federation (only one regional branch per subject);
from January 1, 2010 to January 1, 2012 - at least 45,000 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 450 members of a political party, in regional branches the number of each of them must not may be less than 200 members of a political party;
the governing and other bodies of a political party must be located on the territory of the Russian Federation.
The main goals of the political party: the formation of public opinion; political education and upbringing of citizens; expression of citizens' opinions on any issues of public life; nomination of candidates for elections to legislative (representative) bodies of state power and local self-government bodies, participation in the elections of these bodies and in their work (Article 3.4).
In the name of a political party, the words “Russia”, “Russian Federation” can be used. It is forbidden to use the name of a political party that offends racial, national or religious feelings, as well as the use of public authorities and local governments. Public associations that are not political parties cannot use the word “party” in their name (Article 6).
A political party may have its own emblem or symbols. The symbolism of a political party should not coincide with the state symbols of the Russian Federation, subjects of the Russian Federation, municipalities, symbols of foreign states. It is forbidden to use symbols that offend or discredit state symbols - flags, coats of arms, hymns, as well as religious symbols (Article 7).
It is prohibited to create and operate political parties whose goals or actions 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 formations, inciting social, racial, national or religious hatred. It is not allowed to create political parties on the grounds of professional, racial, national or religious affiliation. Structural subdivisions of political parties are created and operate only on a territorial basis (Article 9).
Interference of public authorities and their officials in the activities of political parties, as well as interference of political parties in the activities of state power and their officials is not allowed. It is also not allowed to use the advantages of one's official position in the interests of one's party; state officials cannot be bound by the decisions of their parties (art. 10).
A political party and its regional branches are subject to state registration. The decision on the state registration of a political party and its regional branches is taken by the federal authorized body and its territorial bodies, respectively (Article 15).
A political party may be denied state registration if it violates or fails to comply with the rules established by this Law (Article 20).
The law provides for the rules for the internal structure of the party (Chapter 5); rights and obligations of a political party (Ch.5); state support for political parties (Ch. 6); state financing of political parties (Ch. 7).
The law defines the procedure for the participation of political parties in elections and referendums (Chapter 8).
The procedure and rules for the suspension of activities and liquidation of political parties are considered in detail (Chapter 9).
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 multi-party systems, parties are usually not mentioned in constitutions, as well as special laws on parties, and their activities are regulated within the framework of civil legislation or election laws. In particular, there are no laws on political parties in Australia, the USA (on federal level) and Switzerland. In Great Britain the law on political parties was passed 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, adopted back in 1901. On the contrary, in countries with relatively recently formed constitutional traditions, the legal regulation of party activity is more specific. In particular, detailed laws on political parties were adopted in Germany (1967), Portugal (in 1974, amended in 1995), Austria (1975), Spain (1978), Brazil (1979), Bulgaria (1990, 2004), Burkina Faso (1991), Israel (1992), Ethiopia (1993). Laws regulating the activities of political parties have been adopted in most of the CIS countries: Azerbaijan, Belarus, Kyrgyzstan, Kazakhstan, Moldova, Tajikistan, Uzbekistan, and Ukraine. The need for this is obvious: in countries with a totalitarian and authoritarian past, the transition to democratic forms of organization of political power required the creation of legal prerequisites to ensure the participation of citizens in public life and substantive regulation of the activities of parties.
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 of the electoral system in constitutions. In some countries questions legal regulation the activities of political parties and the procedure for organizing and conducting elections are combined under a single regulatory legal act (for example, in Mexico, the federal law on political organizations and the electoral process). A number of foreign states (Belgium, Greece, Italy, Spain, Sweden, Finland) have adopted special laws on the procedure for financing political parties.
In the Russian Federation, legislation on political parties is formed by regulations, the subject of regulation of which are public relations related to the creation and activities of political parties, their participation in elections and the activities of state authorities and local self-government. These acts differ in their legal force, the source of adoption, the scope of legal norms and form a hierarchically built system.
In the system of normative acts that determine the legal status of a political party, its rights and obligations, the grounds for and procedure for participation in elections, a referendum, the recall of elected deputies and elected officials, the following should be highlighted:
- the Constitution of the Russian Federation;
- generally recognized principles and norms of international law and international treaties of the Russian Federation;
- federal regulatory legal acts;
- normative legal acts of the subjects of the Russian Federation;
- regulatory legal acts of representative bodies of local self-government, as well as decisions taken at a local referendum or gathering of citizens.
Constitution of the Russian Federation. The basic, starting act that determines the legal status of a political party and the main principles of its participation in the electoral process is the Constitution of the Russian Federation, the norms of which have the highest legal force and direct effect. In the complex of norms directly enshrined in the Basic Law, two groups should be highlighted:
- defining the foundations of the status of a political party as a public association and subject public policy;
- fixing the basic electoral standards and principles of organizing the electoral process.
Although the Constitution of the Russian Federation does not contain special articles on political parties, the foundations of their legal status as a public association and subject of public policy are enshrined in a number of articles of the Constitution of the Russian Federation. The systemic connection of the norms contained in the Constitution makes it possible to identify the main elements of the legal status of political parties, which can be specified in the current legislation, provided that its norms fully comply with constitutional provisions and international law.
The most important provisions of the Constitution, fixing the foundations of the legal status of the party, include the recognition of ideological and political diversity, multi-party system, a ban on establishing any ideology as a state or mandatory one, the declaration of equality of public associations before the law, a ban on the creation and operation of public associations, goals or whose actions 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 formations, inciting social, racial, national and religious hatred.
Part one Art. 30 of the Constitution of Russia enshrines the right of citizens to association, guarantees the freedom of activity of public associations, and part two prohibits coercion to join any association and stay in it. The right of everyone to associate is one of the basic values of society and the state, based on the principles of the rule of law and democracy, and includes the right to freely form associations to protect their interests and the freedom of activity of public associations. As the Constitutional Court of the Russian Federation noted in its decision, Art. 30 of the Constitution "does not directly enshrine the right of citizens to unite in political parties, however, in its meaning in conjunction with Articles 1, 13, 15 (part 4), 17 and 32 of the Constitution of the Russian Federation, in the Russian Federation the said right, including the right to create a political party and the right to participate in its activities, is an integral part of the right of everyone to associate, and the freedom of activity of political parties as public associations is guaranteed.”
Having proclaimed the right of citizens of the Russian Federation to participate in the management of state affairs, to elect and be elected to bodies of state power and local self-government (Article 32), securing the federal nature of the state structure (Article 1, 5), recognizing the independence of local self-government (Article 12) , election of the President of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot (Article 81), terms of office of the President of the Russian Federation and the State Duma (Articles 81, 96), the Constitution of the Russian Federation basically predetermined the main vectors of the activities of political parties to promote the formation of the political will of citizens through participation in elections and in the activities of representative bodies of state power and municipalities. Generally recognized principles and norms of international law.
International Treaties. The Constitution of the Russian Federation establishes the universally recognized principles and norms of international law and international treaties of the Russian Federation as an integral part of the legal system of the Russian Federation. In accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation, if an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty shall apply.
AT last years in matters of legal regulation of the activities of political parties, international legal norms enshrined in international treaties ratified by the Russian Federation and which are part of its legal system are also becoming increasingly important. Among the most significant documents should be noted the International Covenant on Civil and Political Rights, paragraph 1 of Art. 22 of which enshrines the right of everyone to freedom of association with others, including the right to form and join trade unions for the protection of their interests.”
Many regional international standards are contained in the documents of the Council of Europe, including the European Convention for the Protection of Fundamental Human Rights and Freedoms, PACE resolutions “On the Code of Good Practice in Electoral Matters”, “On Restrictions on the Activities of Political Parties in the Member States of the Council of Europe”. In 2002, the Convention on Standards for Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States was signed (and entered into force on November 11, 2003). Of great methodological importance were the Declaration on Criteria for Free and Fair Elections (1994) and the Guidelines for the Prohibition and Dissolution of Political Parties adopted in 1999 by the European Commission of the Council of Europe “For Democracy through Law” (Venice Commission).
These acts determine the impossibility of restricting the right to freedom of association, which is necessary in a democratic society in the interests of state or public security, public order, the protection of public health and morals, or the protection of the rights and freedoms of others. At the same time, the International Covenant does not prevent the introduction of legal restrictions on the use of this right for persons who are members of the armed forces and the police, and the European Convention for the Protection of Human Rights and Fundamental Freedoms also for persons who are members of the administrative bodies of the state. In addition, Art. 11 of this convention specifically provides for the possibility of member states to impose restrictions on the political activities of foreigners.
The legislation of the Russian Federation regulating the participation of political parties in elections consists of federal constitutional laws, federal laws, constitutions (charters) of constituent entities of the Russian Federation, and other normative acts adopted in the Russian Federation.
Unlike a number of foreign countries (Romania, Tunisia and others), the Constitution of the Russian Federation does not provide for the possibility of comprehensive regulation of the activities of political parties by constitutional or organic law.
At the same time, certain aspects of the activities of political parties have received normative consolidation in federal constitutional laws (within the framework of the subjects of their legal regulation designated in the Constitution). Thus, the grounds for suspending the activities of political parties are provided for by the federal constitutional laws “On Martial Law” and “On the State of Emergency”.
The Federal Constitutional Law “On the Constitutional Court of the Russian Federation” establishes a ban on the membership of judges of the Constitutional Court in political parties, and the Federal Constitutional Law “On the Commissioner for Human Rights in the Russian Federation” establishes an order on the need for the Commissioner to terminate membership in a party after appointment (can be carried out in form of withdrawal from the party or suspension of membership in the party). The issues of participation of political parties in campaigning on the issues of the all-Russian referendum are substantively disclosed in the Federal Constitutional Law "On the Referendum of the Russian Federation".
The main form of legal regulation of political parties is the consolidation of relevant norms in federal laws, primarily in the federal laws “On Political Parties”, “On Public Associations”, “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation”, “On the election of the President of the Russian Federation”.
Exactly these legislative acts are the main ones in the process of institutionalization of Russian parties both in terms of the coverage of the most important subjects of legal regulation and the completeness of the prescriptions contained in them.
Thus, the Federal Law “On Public Associations” defines the legal status of a political party as one of the organizational and legal forms of a public association, and defines some features of their legal regulation. Thus, at the level of the current federal legislation, any questions about the extension to political parties of the provisions of the Constitution of the Russian Federation and international treaties ratified by the Russian Federation defining legal guarantees for the freedom to create and operate public associations are removed.
The federal law "On Political Parties" regulates public relations arising in connection with the exercise by citizens of the Russian Federation of the right to unite in political parties and the specifics of the creation, operation, reorganization and liquidation of political parties in the Russian Federation. It consolidated the legal norms and institutions that define the concept, goals of the activities of political parties, restrictions on the creation of political parties, the procedure for their creation, registration, suspension and liquidation, the basics of the internal structure, issues of state support and financing of their activities. Within the framework of this law, issues related to the conditions for the participation of the party, its regional branches and other structural divisions in elections and the legal criteria for such participation are also substantively defined.
Issues related to guarantees of the electoral rights of citizens of the Russian Federation, the general procedure and procedure for the nomination of candidates and lists of candidates by political parties and their registration, the rules for conducting pre-election activities, summing up the results of voting and distribution of deputy mandates, participation in a referendum, are regulated by the Federal Law "On Basic Guarantees electoral rights and the right to participate in a referendum of citizens of the Russian Federation. Among the sources of electoral law, it occupies a special place, since it determines the main guarantees for the implementation by citizens of the Russian Federation and political parties as collective subjects of the electoral process of the constitutional right to participate in elections and a referendum, determines the procedure for political parties, their authorized representatives, candidates nominated by them to carry out the necessary electoral actions and basic electoral procedures elections and referendums at all levels.
Features related to the participation of political parties in the elections of deputies of the State Duma are determined by the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation". This law, in particular, determines the type of electoral system used in the elections of deputies of the State Duma, the specifics of the nomination of candidates, the composition and structure of the federal list of candidates and the conditions necessary for its registration, the procedure for distributing deputy mandates between the federal lists of candidates and within each list.
Decisions of the Constitutional Court of the Russian Federation and their significance for the development of the system of legislation on political parties. Of great importance in the legal regulation of the status of political parties and their participation in the electoral process are the legal positions contained in the decisions of the Constitutional Court of the Russian Federation1, which have a significant impact on the development of the country's party system, timely indicate to the federal legislator the limits of the constitutional field in which he can exercise legislative regulation.
In addition to federal laws, the holding of elections in certain cases may be regulated by decrees of the President of the Russian Federation. If the term of office of a public authority of a constituent entity of the Russian Federation, a local self-government body has expired or powers have been prematurely terminated, and there is no corresponding law on elections of a constituent entity of the Russian Federation, or the provision (provisions) of the law of a constituent entity of the Russian Federation cannot be applied (cannot be applied) due to the recognition by its court inoperative and not subject to application, elections to a state authority of a constituent entity of the Russian Federation, to a local self-government body in terms of the provision (provisions) of the law of a constituent entity of the Russian Federation, recognized by the court invalid and unenforceable, are held by the relevant election commission on the basis of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", other federal laws that ensure the exercise of the right of citizens of the Russian Federation to elect and be elected to bodies of state power and local self-government bodies, and if the existing legal framework is insufficient, to the extent not regulated by law, also on the basis of decrees of the President of the Russian Federation.
Regulatory legal acts of the constituent entities of the Russian Federation, municipalities. The norms affecting the activities of political parties are contained in constitutions and charters, as well as in the laws of the constituent entities of the Russian Federation, normative acts of municipalities. In a number of constitutions and charters of the constituent entities of the Russian Federation, not only articles, but also separate chapters are devoted to the issues of the electoral system. The legislation of most constituent entities of the Russian Federation includes separate laws on the election of deputies to legislative (representative) bodies of state power, heads of local self-government and deputies of representative bodies of local self-government, and on regional and local referendums. In a number of constituent entities of the Russian Federation, laws have been adopted on the recall of deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation and representative bodies of local self-government.
Electoral legislation has been codified in 16 subjects of the Russian Federation. In these documents, the constituent entities of the Russian Federation, within the framework of legal standards determined by federal legislation, determine the key parameters of the electoral system, including the type of electoral system (proportional or mixed), the structure of the regional list of candidates, the number of mandates to be distributed in majoritarian electoral districts, the procedure for distributing mandates within the list of candidates, the level of turnout required for an election to be valid, and so on.
Significant influence on the place and role of parties in the public life of the regions is exerted by the laws of the constituent entities of the Russian Federation and the regulations of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation. This impact is especially noticeable in the detailing of various aspects of the participation of political parties in regional and local elections, as well as issues related to the activities of deputy associations in representative bodies of state power and local self-government. Until 2001, a number of constituent entities of the Russian Federation (for example, the republics of Bashkortostan, Kalmykia, Tyva) also had laws regulating the activities of regional political parties at the regional level. All of them are now declared invalid.
Finally, the last in terms of the level of legal regulation, but by no means the least in importance, are the acts of the political party itself - its charter, as well as other local acts adopted on its basis and in accordance with it: provisions on the governing bodies of the party, on the payment of membership dues, on party apparatus and other documents. Their importance is also enhanced by the provisions of federal legislation, which contains numerous references to the provisions of the charter, including with regard to the procedure for the party to exercise the right to nominate candidates, the rights of regional branches and other structural divisions, the grounds and procedures for recalling and excluding candidates from the list, the specifics of nominating candidates for repeat and by-elections.
A political party is a public association created for the purpose of the participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will to participate in public and political actions in elections and referendums, as well as in order to represent the interests of citizens in state authorities and local governments p. Right citizens of the Russian Federation to join a political party includes: the right to create political parties on a voluntary basis in accordance with their convictions; ...
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24. Federal law on political parties: general characteristics.
Political Partyis a public association created in for the purposes of 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 in order to represent the interests of citizens in state authorities and local governments (clause 1, article 3 Federal Law "On Political Parties").
The activities of political parties are regulated by the Federal Law of the Russian Federation "On Political Parties" dated July 11, 2001, No. 95-FZ.
The right of citizens of the Russian Federation to unite and is to a political party includes:
The right to create on a voluntary basis political parties in accordance with their convictions;
The right to join a political party or to refrain from joining a political party;
The right to participate in the activities of a political party in accordance with their charter;
The right to freely leave a political party.
Goals of the political party:
1. Formation of public opinion.
2. Political education and upbringing of citizens.
3. Expressing the opinions of citizens on any issues of public life, bringing these opinions to the attention of the general public and public authorities.
4. Nomination of candidates for elections to legitimate (representative) bodies of state power and representative bodies of local self-government, participation in elections to these bodies and in their work.
The main principles of the activity of a political party:
1. The activity of a political party is based on the principles of voluntariness, equality, self-government, legality, publicity
2. Freedom of a political party in determining its internal structure, goals, forms and methods of activity
3. Inadmissibility of violation of human and civil rights and freedoms guaranteed by the Constitution
4. Public availability of information about the constituent and program documents of a political party, publicity in their activities
5. Equal rights and opportunities in the activities of the leading bodies of the party, regardless of nationality, gender, etc.
Restrictions on the creation and operation of a political party:
1. It is prohibited to create and operate political parties whose goals or actions 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, religious role
2. It is not allowed to create political parties on the grounds of professional, racial, national, religious affiliation
3. It is not allowed to create and operate structural units of political parties in state authorities, local self-government, in the Armed Forces of the Russian Federation, in state and non-state organizations
4. It is forbidden to interfere with political parties in studying proccess educational institutions
5. It is not allowed to create and operate on the territory of the Russian Federation political parties of foreign states
6. The activities of a political party may be restricted in the event of a martial law or a state of emergency being introduced on the territory of the Russian Federation
Termination of activities: 1. Self-dissolution; 2. By a court decision, in case of violation of the legislation of the Russian Federation, the Constitution of the Russian Federation, etc.
Change in the law of November 24, 2014
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Russian Federation federal law on political parties
(as amended by federal laws No. 31-FZ dated March 21, 2002, dated 25.07.2002 N 112-FZ, dated 06/23/2003 N 85-FZ, dated 08.12.2003 N 169-FZ, dated December 20, 2004 N 168-FZ, dated December 28, 2004 N 183-FZ, dated 21.07.2005 N 93-FZ, dated December 31, 2005 N 202-FZ, dated 12.07.2006 N 106-FZ, dated December 30, 2006 N 274-FZ, No. 64-FZ dated April 26, 2007, dated 22.07.2008 N 144-FZ, dated 23.07.2008 N 160-FZ, dated 08.11.2008 N 200-FZ, dated 05.04.2009 N 41-FZ, dated 05.04.2009 N 42-FZ, No. 75-FZ dated April 28, 2009, dated 12.05.2009 N 94-FZ, dated 19.07.2009 N 196-FZ, dated December 17, 2009 N 319-FZ, dated 06.05.2010 N 80-FZ, dated 04.06.2010 N 116-FZ, dated 03.11.2010 N 289-FZ, dated 05.04.2011 N 44-FZ, dated 23.07.2011 N 259-FZ, dated 08.12.2011 N 421-FZ, dated 02.04.2012 N 28-FZ, dated 02.10.2012 N 157-FZ)
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 out 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 are 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, operation, 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 political parties on a voluntary basis in accordance with their convictions, the right to join political parties or to refrain from joining political parties, the right to participate in the activities of political parties in accordance with their charters, 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 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 in order to represent the interests of citizens in state bodies authorities and local governments. 2. A political party must meet the following requirements: a) a political party must have regional branches in at least half of the constituent entities of the Russian Federation, while only one regional branch of this political party may be created in a constituent entity of the Russian Federation; (as amended by the Federal Law dated 02.04.2012 N 28-FZ b) a political party must consist of at least five hundred members of a political party, taking into account the requirements provided for by paragraph 6 of Article 23 of this Federal Law. The charter of a political party may establish requirements for the minimum number of members of a political party in its regional branches; (as amended by the Federal Law dated 02.04.2012 N 28-FZ) c) governing and other bodies of a political party, its regional branches and other structural units must be located on the territory of the Russian Federation. (as amended by the Federal Law No. 75-FZ dated April 28, 2009) 3. A regional branch of a political party in this Federal Law means a structural subdivision of a political party established by decision of its authorized governing body and operating on the territory of a constituent entity of the Russian Federation. In a constituent entity 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 prescribed 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: 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; nomination of candidates (lists of candidates) for elections of the President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation), to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, elected officials of local self-government and to the representative bodies of municipalities, participation in these elections, as well as in the work of elected bodies. (as amended by federal laws dated 21.07.2005 N 93-FZ, dated 02.10.2012 N 157-FZ) 5. A political party represented in the State Duma of the Federal Assembly of the Russian Federation, in this Federal Law, means a political party whose federal list of candidates is admitted to the distribution of deputy mandates in the State Duma of the Federal Assembly of the Russian Federation, or a political party whose federal list of candidates deputy mandate (deputy mandates transferred) in accordance with article 82.1 Federal Law No. 51-FZ of May 18, 2005 "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation". (as amended by the Federal Law dated 04.06.2010 N 116-FZ) A political party represented in the legislative (representative) body of state power of a constituent entity of the Russian Federation, in this Federal Law means a political party whose list of candidates is admitted to the distribution of deputy mandates in the legislative (representative) body of state power of the corresponding subject of the Russian Federation, or a political party , whose list of candidates has been given a deputy mandate in accordance with the law of the constituent entity of the Russian Federation, provided for paragraph 17 Article 35 of Federal Law No. 67-FZ of June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". (as amended by the Federal Law dated 04.06.2010 N 116-FZ)
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Recognition of ideological and political diversity, as well as the principle of a multi-party system, is one of the unshakable foundations of the Russian Constitution. This enables the state to guarantee the legitimate parity of political blocs, and the citizen to make a conscious democratic choice in favor of a certain political unit, if its ideas and goals correspond to his interests to the maximum extent possible. To approve the basic provisions of a multi-party system, the Federal Law of July 11, 2001 N 95-FZ "On Political Parties" was developed.
Contents of the law on political parties
The law on political parties in the Russian Federation was submitted for consideration in State Duma in 2001 06/29/2001. It was adopted by the chamber of the Federal Assembly, the approval of the law by the Federation Council of Russia dates back to 06/29/2001. The last amendment to the law was made on 12/5/2017. As a subject of legislative regulation, it regulates the following list of general points, such as:
- Civil rights: the rights of citizens to create, join, participate in and leave the party, or complete neutrality in this process, if it turns out that the personal convictions and interests of the individual lie outside politics as such;
- The concept, structure and functioning of the party: its role as a tool for expressing the will of society through the voluntary participation of its members in any political (elections, referendum, protests, etc.) events throughout the territorial space of Russia. Being essentially an organizational and legal form of legal entities, a political party is obliged to have regional representations in most of the territorial units of the Russian Federation. 95 federal law clearly defines the number of members in the party and in each individual regional branch. Information about the party program should be as transparent as possible and accessible to all segments of the population. The law guarantees free membership in the party to representatives of any gender, regardless of material status or other reasons that may violate the rights of citizens prescribed in the Constitution;
- Name: according to this paragraph, a number of provisions are approved, according to which the leaders of a political formation must choose a name for it. The law prescribes that the name cannot contain words or symbols that do not comply with the laws of the country and / or are the subject of an insult to the racial and religious feelings of its citizens. It is forbidden to use personal initials (full names) and the names of authorities;
- Symbolism: detailed description emblems and paraphernalia of the party must be present in its charter. It is not allowed to use images or symbols that violate the copyright/intellectual rights of already existing organizations (including foreign ones), organizations or formations banned in the Russian Federation, as well as offensive or defamatory symbols. The use of religious paraphernalia is not permitted;
- Restrictions: The main statute of Law No. 95-FZ prohibits the formation of political parties whose activities are recognized as extremist. This article is a guarantee that the goals and program of a single political formation will not be aimed at inciting contradictions of a social and professional nature (it is understood that party members cannot be representatives of only one profession), religious, national, racial conflicts. It also provides for the distancing of parties from the educational process and prohibits foreign nationals from establishing their political cells in Russia;
- Participation of the state in the life of the party: its activities are freed from the influence of the state on it. This rule also works in the opposite direction - party members are not authorized to interfere in the activities of government bodies. In addition, members of a political cell are strictly prohibited from using their status or extracting personal benefits through their social position or party role.
In addition to general provisions, the law of the Russian Federation on political parties in the Russian Federation regulates the specifics of the functioning of political parties, starting with the stage of their creation and ending with the process of liquidation or reorganization of the structure. Chapters II - X of Law 95-FZ consider in detail the key aspects for the following provisions:
- Process of creation;
- Registration at the state level;
- Internal structure (charter, goals, program, membership);
- Rights and obligations (type of activity, property and procedure for disposing of party finances, charitable activity and distribution of subsidies in regional cells);
- State support;
- Elections and referendums – participation;
- Stopping activities;
- Additions, final provisions, etc.
Read the main provisions of the Federal Law on the Bar
Recent amendments to Federal Law 95
Over the past 17 years, federal law 95-FZ has undergone a number of adjustments in accordance with changes in the political and social life of society and the state as a whole. The latest version is dated December 5, 2017. According to the new version, four articles of the law have been modified.
Subparagraph "a" of paragraph 1 of Article 29
Compared to the previous edition, new version provides for a more specific determination of the size of contributions, membership and introductory, for each member of the party. In particular, the maximum amount of the amount paid during one year is controlled. This refers to a calendar year, while the amount should not exceed the number of donations from one individual (see paragraph 8 of Article 30 of the Federal Law 95).
Paragraph 5 Article 34
This amendment is aimed at clarifying information regarding the receipts and expenditures of financial resources. Information on funding resources, the value of property and the amount of money received on the accounts of the party and its branches must contain a complete list of information. For example, it should be clear who made the donation and what its purpose is. Information about the personal data of a party participant is provided if the amount of contributions exceeds the threshold established by the CEC of the Russian Federation.
Paragraph 6 Article 34
The changes concern the general financial report, which is compiled by the party. The article provides for a process for the submission by party members of aggregate data indicating the amount and source of subsidies. This includes information on loan agreements indicating the percentage of cash loans, details of the lender, the amount of the annual rate, terms and conditions of the loan. As in the previous paragraph, the changes also affected the procedure for providing information on membership fees. This is necessary if their amount exceeds the amount established by the Central Electoral Commission of the country.
Paragraph 7 Article 34
This item has not undergone significant changes. The phrase about the procedure for compiling the form of the financial report of a political party (in printed and virtual form) was corrected. The latter, as mentioned above, is regulated by the CEC of Russia.
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Federal Law "On Political Parties" dated July 11, 2001 N 95-FZ contains comprehensive information. Its study requires a thoughtful approach and a sufficient amount of time.
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