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

a political party must consist of 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 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 objectives of a political party are:

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 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 have ceased their activities due to liquidation in connection with a 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 forbidden 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 must 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. Emblems and other symbols of political parties existing in the Russian Federation and other all-Russian public associations, as well as emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation, cannot 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 forbidden to use symbols that offend or discredit the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, coats of arms, anthems of the constituent entities 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 activity of political parties is based on the principles of voluntariness, equality, self-government, legality and publicity. Political parties are free to determine their internal structure, goals, forms and methods of activity, except for the restrictions established by this Federal Law.

2. The activities of political parties must not violate the rights and freedoms of man and citizen, 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 the lists of candidates for deputies and for other elective positions in government bodies and local self-government bodies.

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

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 or religious hatred.

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

3. It is not allowed to create political parties on the grounds of professional, racial, national or religious affiliation.

Under the signs of professional, racial, national or religious affiliation in this Federal Law is understood the 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 divisions of political parties are created and operate only on a territorial basis. It is not allowed to create structural subdivisions of political parties in state authorities and local self-government bodies, in the Armed Forces of the Russian Federation, in law enforcement and other state bodies, in state and non-state organizations.

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

6. 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 of the introduction of a state of emergency or martial law throughout the territory of the Russian Federation or in its individual areas, 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. Intervention of state authorities and their officials in the activities of political parties, as well as interference of political parties in the activities of state authorities and their officials, is not 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. Creation of a political party

Article 11. Ways 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 public movement into a political party at a congress of an all-Russian public organization or an all-Russian public movement.

2. A political party is considered established from the day the constituent congress makes decisions on the creation of a political party, on the formation of its regional branches in more than half of the subjects 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 the governing and control and audit bodies of the political parties. The delegates of the founding congress of a political party are the founders of the political party.

3. From the day of its creation, a political party carries out organizational and informational 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 that an all-Russian public organization or an all-Russian public movement is transformed into a political party, the congress of the all-Russian public organization or an all-Russian public movement makes decisions on the transformation of the all-Russian public organization or 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 political party, on the adoption of the charter of the political party and on the adoption of its program, on the formation of the governing and control and auditing bodies of the 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 considered established from the date of making the corresponding entry in the unified state register of legal entities.

Article 12 Organizing Committee

1. To prepare, convene and hold the founding congress of a political party, citizens of the Russian Federation who have the right to be members of a political party form an organizing committee consisting of at least ten people.

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

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

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

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

4. The organizing committee, within a month from the date of issuance of the document referred to in paragraph 3 of this article, publishes in one or more all-Russian periodicals information about the intention to create a political party and about the submission of relevant documents to the federal registration authority.

Article 13. Activities of the organizing committee

1. The organizing committee independently determines the procedure for its activities. During the term of its powers, the organizing committee holds the founding congress of the political party. To this end, the organizing committee:

carries out organizational and outreach activities aimed at the formation in the constituent entities of the Russian Federation of regional branches of the political party being created, including holding meetings of supporters of the political party being created to elect delegates to the founding 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 notifies the federal registration authority thereof.

2. 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 its activities. At the same time, the funds and other property of the organizing committee, as well as the financial report on their use, which indicates the sources of receipt of funds and other property, are transferred to the established political party.

4. In the event that the organizing committee does not hold a founding congress of a political party during its term of office, after this period the organizing committee terminates its activities. At the same time, 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, they shall be transferred to the income of the Russian Federation.

Article 14

1. Information about the place and date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian public movement convened for their transformation into a political party, the organizing committee or an all-Russian public organization or an all-Russian public movement publishes in Rossiyskaya Gazeta or other all-Russian periodical printed editions. The specified information is published no later than one month before the day of the convocation of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian public movement convened for their transformation 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 the congress of an all-Russian public organization or an all-Russian public movement convened for their transformation 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 is considered 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 norm for the 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 constituent congress of a political party, provided for in paragraph 2 of Article 11 of this Federal Law, shall be adopted by a majority vote of the delegates of the constituent 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 taken by the congress of the all-Russian public organization or all-Russian public movement in accordance with their charters. The congress of an all-Russian public organization or an all-Russian public movement is considered competent if delegates representing the regional branches of the all-Russian public organization or all-Russian public movement located in the territories of more than half of the subjects of the Russian Federation and predominantly residing in these subjects of the Russian Federation took part in its work. The norm of representation of 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 the congress of an all-Russian public organization or an all-Russian public movement that has decided to transform the 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 Rossiyskaya Gazeta for publication . "Rossiyskaya Gazeta" is obliged, within a month after the submission of the said provisions, to publish free of charge the main provisions of the program of the political party in the amount of at least two hundred newspaper lines.

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 by the federal registering body and territorial registration bodies (hereinafter referred to as the registering bodies), respectively.

3. The documents required for the 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 the political party or the congress of the all-Russian public organization or the all-Russian public movement that has decided to transform the all-Russian public organization or the all-Russian public movement to a political party.

4. State registration of regional branches of a political party is carried out after the 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 conformity of the documents required for the state registration of a political party or its regional branch with the requirements of this Federal Law, the registering authorities, no later than one month from the date of receipt of the documents, issue to the authorized person of the political party or its regional branch a certificate of state registration of the political party or its regional branch.

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 registration authority copies of certificates of state registration of its regional branches in more than half of the constituent entities of the Russian Federation, a certificate of state registration of a political party is recognized as invalid, and the record of the creation of this political party is excluded from the unified state register of legal entities.

7. The terms 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 to the court and on the day the indicated terms expire, the court decision has not entered into force.

8. If the charter of a political party provides for the granting of the right of a legal entity to 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 is subject to the requirements established by this Federal Law for the state registration of regional branches of a political party, with the exception of paragraphs two and three of paragraph 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 amount of the registration fee for state registration of a political party is fifty minimum wages established by federal law as of March 1 of the year preceding the year of state registration of a political party. The amount of 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

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

a) an application signed by authorized persons of a political party, indicating their surnames, first names, patronymics, residential addresses and contact telephone numbers;

b) the charter of the 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 the political party on the establishment of a political party, on the adoption of the charter of the political party and on the adoption of its program, on the creation of regional branches of the political party, on the formation of its governing and control and audit bodies, certified by authorized persons of the political party, indicating data on representation delegates to this congress and the results of the vote;

g) a copy of the all-Russian periodical printed publication in which information about the place and date of the founding congress of the political party is published;

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 the regional branches of the political party, indicating the number of members of the political party in its regional branches, which meets 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 the political party.

Article 17

1. For the 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) an application 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, residential addresses and contact telephone numbers of such persons;

b) the charter of the political party in two copies, bound, numbered, certified by authorized persons of the all-Russian public organization, 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) copies of decisions of the congress of the all-Russian public organization or all-Russian social movement on their transformation into a political party, on the adoption of the charter of the political party and on the adoption of its 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) a document confirming payment of the registration fee;

f) a document confirming the legal address of the political party;

g) a copy of the all-Russian periodical printed publication, which contains information about the place and date of the congress of the all-Russian public organization or all-Russian public movement, convened for their transformation into a political party;

h) copies of the minutes of conferences or general meetings of regional branches of the all-Russian public organization or all-Russian public movement certified by authorized persons of the regional branches of the all-Russian public organization or the all-Russian public movement with decisions on the transformation of the regional branches of the all-Russian public organization or the all-Russian public movement to the regional branches of the political party and indicating the number of members of the political party in its regional branches, which meets 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 the political party;

i) a deed of transfer 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. On the day of receipt of the documents referred to in paragraph 1 of this article, the federal registration authority 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 that are not provided for by paragraph 1 of this article for the 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 shall be submitted to the territorial registration authority:

a) a copy of the decision of the founding congress of a political party or the 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 the 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 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) a document confirming payment of the registration fee;

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

2. On the day of receipt of the documents specified in paragraph 1 of this article, the territorial registration body shall issue a document to authorized persons of the political party confirming their receipt. The territorial registration body is not entitled to demand from a political party the submission of documents not provided for by paragraph 1 of this article for state registration of a regional branch of a political party.

Article 19. Information about registered political parties

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

2. The registering authorities shall make entries on the state registration of political parties and their regional branches in the unified state register of legal entities, open to the public.

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

4. The federal registration authority annually publishes a list of political parties and their regional branches as of January 1 in the all-Russian printed 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 the political parties. The site also publishes annual consolidated financial reports of political parties, contact numbers of the permanent governing bodies of political parties and their regional branches, and other public information about political parties.

5. Registration authorities, at the request of the relevant election commissions, 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 Clause 2 of Article 36 of this Federal Law as of the day of receipt of the corresponding request.

6. Information about members of a political party, submitted for information to the registration authorities, refers to information with restricted 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 refusal of 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) the documents required in accordance with this Federal Law for the state registration of a political party have not been submitted;

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

e) the deadlines established by this Federal Law for submission of documents required for state registration of a political party 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 the 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 comply with the requirements of this Federal Law.

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

4. If the registration authorities decide to refuse state registration of a political party or its regional branch, the applicant is informed of 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 led to the refusal in the state registration of this political party or its regional branch.

5. Denial of state registration or evasion of state registration of a political party or its regional branch may be appealed in court. The 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 filing the application. Denial of state registration of a political party or its regional branch is not an obstacle to 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 the adoption of 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 registration authority shall, within a month after the entry into force of this Federal Law, approve and publish in Rossiyskaya Gazeta the sample documents required for the state registration of a political party and its regional branch.

7. Samples of documents required for the 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. The internal structure of a 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 the abbreviated name, as well as a description of the symbols (if any);

c) the conditions and procedure for acquiring and losing 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 subdivisions;

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 introducing amendments 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 managing funds and other property, the financial responsibility of a political party, its regional branches and other structural subdivisions and the reporting procedure of a political party, its regional branches and other structural subdivisions;

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

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

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

4. Changes and additions made 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 on March 1 of the year preceding the year of state registration of changes and additions to the charter of a political party.

When registering amendments and additions to the charter of a political party, the federal registering body is not entitled to present claims to the political party that are not related to the amendments and additions to the charter.

Article 22. Program of a political party

1. A political party must have a program that defines the principles of the activities of a political party, 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 they are made, are submitted to the federal registration authority 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 recognized by a court as incompetent, 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 rights and bear obligations in accordance with its charter.

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

6. A citizen of the Russian Federation may be a member of only one political party. A member of a political party may be a member of only one regional branch of this political party - at the place of permanent or predominant residence.

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

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

9. Members of a political party are not bound by the 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 divisions.

10. Membership in a political party may not 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. Restriction of 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 highest governing body of a political party is the congress of the political party.

2. The highest governing body of a regional branch of a political party is the 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 must be carried out at least once every two years.

Article 25

1. Adoption of the charter and program of a political party, making amendments and additions to them, electing the governing and control and auditing bodies of a political party, nominating by a political party candidates (lists of candidates) for deputies and other elective positions in public authorities and local governments, Consideration of questions on the reorganization or liquidation of a political party and its regional branches is carried out at the congress of the political party, in which delegates from the regional branches of the political party, formed in more than half of the subjects 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 the governing and control and auditing bodies of the regional branches of a political party, on the nomination by the regional branches of a political party of candidates (lists of candidates) for deputies and other elective positions in the state authorities of the constituent entities of the Russian Federation and local self-government bodies are taken at a conference or general meeting of the regional branches of the political party in accordance with the charter of the political party by a majority vote of the delegates present at the conference or general meeting of the regional branches of the political party.

3. Decisions on the election of the 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 state authorities and local self-government bodies are taken by secret ballot.

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

Chapter V. Rights and Obligations of a Political Party

Article 26. Rights of a political party

A political party, in accordance with the procedure established 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 governments in the manner and to the extent established by this Federal Law and other laws;

c) participate in elections and referendums 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 hold meetings, rallies, demonstrations, marches, pickets and other public events;

f) to establish publishing houses, news agencies, printing companies, mass media and educational institutions for additional adult education;

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

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

i) protect 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. Obligations of a political party

1. A political party is obliged:

a) observe in their 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 registration authorities information on the number of members of a political party in each of the regional branches, on the continuation of its 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 branches and other structural divisions with the rights of a legal entity (hereinafter referred to as registered structural divisions);

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

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

2. A political party and its regional branches annually submit to the registration authorities information on the number of registered candidates nominated by the political party, its regional branches and other structural subdivisions (including as part of an electoral bloc) for deputies and other elective positions in state authorities and bodies of local self-government, as well as information on lists of candidates for deputies registered by election commissions. The specified information shall be submitted in the form of a copy of the protocol on the results of elections, certified by the election commission of the appropriate 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 in relation to the property of a political party. Regional branches and other registered structural subdivisions of a political party have the right to operatively manage the property assigned to them by the owner, have an independent balance sheet or estimate.

3. The property of a political party is used only to achieve the goals and solve the tasks provided for by the charter and program of the political party.

4. Regional branches and other registered structural subdivisions of a political party are 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 the regional branch or other registered structural unit of the political party.

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

Article 29. Funds of a political party

1. The funds of a political party are formed from:

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) proceeds 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 law transactions;

f) other receipts not prohibited by law.

2. The funds of a political party shall be placed on accounts with credit institutions registered on the territory of the Russian Federation. A political party, its regional branches and other registered structural subdivisions are entitled to 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 cash 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 monetary funds shall be made by non-cash transfer. Donations from individuals are allowed by transferring cash to a political party and its regional branches. The total amount of annual cash donations from one individual must not exceed ten minimum wages established by federal law as of March 1 of the year preceding the year in which the funds were transferred.

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 who have not reached the age of 18;

e) Russian legal entities with foreign participation, if the share of foreign participation in their authorized (reserve) 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 was compiled);

f) international organizations and international social movements;

g) state authorities and local self-government bodies;

h) state and municipal organizations;

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

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

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

l) anonymous donors;

m) legal entities registered less than one year before the date of 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, the political party or its regional branch within a month from the date of their receipt must be returned to the donors, and in case impossibility of return to transfer to the income of the Russian Federation.

5. When transferring donations in the form of funds to a political party or its regional branch, a legal entity 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 cashless payments for legal entities, and puts a note in the payment order on the absence of restrictions on donations provided for in paragraph 3 of this article.

6. A citizen of the Russian Federation, when transferring donations in the form of money 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, presenting a passport or a document replacing it and indicating in a 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 last name, first name, patronymic and date of birth of the donor shall be indicated in the receipt order.

7. If the donation is not made in the form of money, the political party or its regional branch evaluates it in monetary terms in accordance with the legislation of the Russian Federation and enters the relevant data, including information about the donor specified in paragraphs 5 and 6 of this article, in the consolidated financial report of a political party or the financial (accounting) report of a regional branch of a political party.

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

9. The total amount of annual donations received by a political party and its regional branches must 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 must 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 contract (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 employment contracts (contracts) with employees of the apparatus of a political party for a period not exceeding the term of office of the governing bodies of a political party, its regional branches or other structural subdivisions.

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

b) production and sale of souvenir products 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 the entrepreneurial activities of a political party, its regional branches and other structural subdivisions cannot be redistributed among members of a political party and must 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 divisions must be reflected in the consolidated financial report of the political party and the financial (accounting) reports of its regional branches and other registered structural divisions.

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 state authorities, state authorities of the constituent entities of the Russian Federation and local governments shall 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 means of communication 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 events.

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 case of suspension of its activities, as well as in case of failure by the political party to comply with the requirements of Article 34 of this Federal Law.

4. In case of 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. When a political party, its regional branch and other structural subdivision are reorganized, state support for 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 for 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. Funds from the federal budget allocated for state financing of political parties are provided for in it in 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 cannot be less than 0.005 of the minimum wage established by federal law as of March 1 of the year preceding the year in which these funds were allocated, 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 elections of the President of the Russian Federation.

4. Federal budget funds allocated for state financing of political parties shall be directed to the settlement accounts of political parties by 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 about which is provided to it by the Central Election Commission of the Russian Federation.

5. Political parties are entitled 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 the voters who took part in the 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, at least 12 candidates nominated by a political party or by the electoral bloc specified in subparagraph "a" of this paragraph were elected in single-mandate electoral districts (provided that the one nominated by this political party or the indicated electoral as a block, the federal list of candidates received less than 3 percent of the votes of the voters who took part in the voting as a result of the elections);

c) if a registered candidate for the position 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 election of the President of the Russian Federation, received at least 3 percent of the votes of the voters who took part in the voting as a result of the elections.

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

a) according to 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 federal law on March 1 of the year preceding the year in which these funds were allocated, 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-member constituencies in accordance with subparagraph "b" of paragraph 5 of this article;

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

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

a) according to 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 federal law on March 1 of the year preceding the year in which these funds were allocated, and multiplied by the number of votes received by the federal list of candidates nominated by the electoral 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 election of the President of the Russian Federation - at a time in the amount of 0.005 of the minimum wage established by federal law on March 1 of the year preceding the year in which these funds were allocated, and multiplied by the number of votes received by the nominated electoral bloc by a registered candidate for the position of President of the Russian Federation .

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 in paragraphs 6 and 7 of this article shall be allocated:

a) according to 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 election of the President of the Russian Federation - at a time no later than one year from the date of the official publication of the election results.

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

Article 34. Financial statements of a political party

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

2. A political party is 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 on 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 its 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 units is 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 registration authority on a special website of the public information and telecommunication network no later than two months from the day the political party submits the said report to the federal tax authority.

Chapter VIII. Participation of political parties in elections and referendums

Article 36. Participation of political parties in elections and referendums

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 the cases provided for by the charter of a political party, and its regional branches shall have the right to take part in elections and referendums, the official publication of the decision on the appointment (holding) of which took place after the submission by the political party to the registration authorities of 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 referendums 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 the electoral legislation.

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

Article 37. Recognition of a political party participating in elections

1. A political party shall be deemed to participate in elections in one of the following cases when voting in elections is held for:

a) nominated by it (or the electoral bloc of which it 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 it (or the electoral bloc of which it 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 electoral districts;

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

d) nominated by it (including as part of an electoral bloc) and registered candidates for the position of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a 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) in 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 paragraph 1 of this article shall be subject to liquidation in accordance with article 41 of this Federal Law.

Chapter IX. Suspension and liquidation of political parties

Article 38. Control over the activities of political parties

1. Control over compliance by political parties, their regional branches and other structural subdivisions of the legislation of the Russian Federation, as well as over the compliance of the activities of a political party, its regional branches and other structural subdivisions with the provisions, goals and objectives provided for by the charters of political parties, is carried out by registering bodies.

These bodies have the right:

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

b) send their representatives to participate in open events held by the political party, its regional branches and other structural subdivisions (including congresses, conferences or general meetings) to adopt the charter and program of the political party, introduce amendments and additions to them, elect leadership and control and audit bodies of a political party, nomination of candidates for deputies and other elective positions in public authorities and local governments, 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 subdivision (indicating the specific grounds for issuing a warning) if they carry out activities that are contrary to the provisions, goals and objectives provided for by the charter of the political party. This warning may 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 registration authority is obliged to immediately inform the federal registration authority and the governing body of the political party about this;

d) submit to the court an application for the suspension of the activities or liquidation of a political party, its regional branch or other registered structural unit in accordance with paragraph 3 of Article 39, paragraph 3 of Article 41 and paragraph 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 units, the amount of money they receive and the payment of taxes is carried out by the tax authorities of the Russian Federation.

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

1. In case of 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 period for their elimination, which is at least two months. If the political party has not eliminated these violations within the established period and the warning of the federal registering body has not been challenged in court, the activities of the political party may be suspended for a period of 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 of a violation by a regional branch or other structural subdivision of a political party of the Constitution of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws, the relevant territorial registration authority shall issue a written warning to the regional branch or other structural subdivision of a political party indicating the violations committed and set a 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 established period and the warning of the territorial registration authority 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 decision of the supreme the court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region and the autonomous district on the basis of the application of the relevant territorial registration authority.

3. The registration authorities have the right to file an application with the court to suspend 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 in 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 subdivision may not be submitted to the court during the period when it is considering complaints about these warnings.

4. If 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 shall be borne by the corresponding regional branch of the political party.

5. The activities of a political party, the federal list of which was admitted to the distribution of deputy mandates in the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, cannot 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 date of voting in the said elections.

6. It is not allowed to suspend the activities of a political party from the day of the official publication of the decision to call (hold) 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 paragraphs 1, 4 and 5 Article 9 of this Federal Law.

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

Article 40

1. In case of 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 mass media are suspended, they are prohibited from using state and municipal mass media organize and hold meetings, rallies, demonstrations, marches, picketing and other public events, take part in elections and referendums, use bank deposits, with the exception of 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. In the event that within the period established by the court decision to suspend the activities of a political party, its regional branch or other structural unit, 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 unit resumes its activities.

3. In the event that a political party, its regional branch or other structural subdivision fails to eliminate the violations that served as the basis for the suspension of their activities, the federal or territorial registering body that filed an application with the court to suspend the activities of a political party, its regional branch or other structural subdivision, the appropriate court an application for the liquidation of this political party, its regional branch or other structural unit.

Article 41. Liquidation of a political party

1. A political party may be liquidated by a decision of its supreme governing body - the congress or by a 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 adopted 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 following cases:

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

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

5. A political party, the federal list of which was admitted to the distribution of deputy mandates in the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, 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 for that election.

6. It is not allowed to liquidate a political party by decision of the Supreme Court of the Russian Federation from the day of the official publication of the decision on calling (holding) 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, except for the cases provided for in clause 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 a 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. The liquidation of a regional branch and other structural subdivision of a political party by decision of the body of a political party authorized by its charter is carried out on the basis and in the manner prescribed by the charter of a political party. The said authorized body shall immediately notify the federal registering body in writing of 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 following cases:

a) failure to comply with the requirements of paragraphs 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 unit of the political party;

c) the absence in the regional branch of the political party of the required number of members of the political party, as provided for in 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 is submitted to the supreme court of the republic, a regional court, a court of a city of federal significance, a court of an autonomous region and an autonomous district by the federal registration authority or the relevant territorial registration authority.

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

Article 43

1. A court decision to suspend the activities or liquidate a political party, its regional branch or other structural subdivision may be appealed in the cases and in the manner established by federal law.

2. Cancellation of a court decision to suspend the activities 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 subdivision.

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. Reorganization of a regional branch and other structural subdivision of a political party is carried out by decision of the congress of a political party or by decision of a body of a political party authorized by its charter. The regional branch of a political party is not entitled to independently decide on its reorganization.

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

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

a) for the purposes provided for 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 case of reorganization of a political party, the transfer of its property shall be carried out in accordance with the procedure established by the Civil Code of the Russian Federation for the reorganization of legal entities.

3. Termination of the activities 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

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 official publication of this Federal Law.

2. Recognize invalid on the territory of the Russian Federation articles 6 and 9 (in terms of provisions relating to political parties) of the USSR Law "On Public Associations" (Vedomosti of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1990, No. 42, art. 839).

Article 47

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

2. Until 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 nominate candidates (lists of candidates) for deputies and other elective positions in state authorities and local governments in accordance with the electoral legislation .

3. Until 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 public movement has the right to take part in elections from the date of state registration of the political party.

4. Until amendments are made to the legislation of the Russian Federation concerning the procedure for the participation of political parties in elections to federal state authorities, state authorities of the constituent entities of the Russian Federation and local self-government bodies, political parties shall participate in these elections in the manner prescribed by the legislation of the Russian Federation for all-Russian political public associations.

5. After the expiration of the period specified in paragraph 1 of this article, an all-Russian political public association that 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 a charter that is applied to the extent that it 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 charters, which are applied to the extent not contradicting this Federal law.

Article 48

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

The president
Russian Federation
V. Putin

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 United States (at the 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, the issues of legal regulation of the activities of political parties and the procedure for organizing and holding elections are combined within the framework of 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 normative legal acts, 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 of 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.

In recent 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 being part of its legal system, have become 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”.

It is these legislative acts that 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 instructions 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 invalid and unenforceable by its court, elections to a government body of a constituent entity of the Russian Federation, to a local self-government body in respect of the provision(s) of the law of a constituent entity of the Russian Federation, recognized by the court as 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 ensuring the exercise of the right of citizens of the Russian Federation to elect and be elected to state authorities and local authorities self-government, and if the existing legal framework is insufficient, in the part 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.

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) the governing and other bodies of the political party, its regional branches and other structural subdivisions 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)

"

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 to the State Duma in 2001 on 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: a detailed description of the emblem 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, the new version provides for a more specific determination of the size of fees, 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.

You can get acquainted with the full version of the law.

The 1993 Constitution of the Russian Federation states that “everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed”, while “political diversity and multi-party system are recognized in the Russian Federation”.

Thus, the Constitution does not mention the concept of a political party; it guarantees the activity of all public associations: trade unions, associations, clubs and many others, including political parties.

Unlike Russia, most modern democracies have included a provision on political parties in the basic law. This testifies to the recognition of the special role they play in the organization and exercise of state power.

At the same time, however, the question of the constitutionalization of political parties, of giving them the status of a constitutional institution, remains debatable in Western political and legal literature. The main argument is that the parties are seen as the practical implementation of one of the fundamental human rights - the freedom of association and, therefore, any of their legal regulation, especially constitutional, is a restriction of this freedom. Another fairly common argument is that the constitutional recognition of political parties means their inclusion in the sphere of statehood.

These arguments cannot be considered fully valid. Of course, “any legal regulation of parties, including constitutional ones, is to a certain extent a restriction of freedom of association. But this freedom cannot be absolute, as the supporters of radical liberalism would like. Giving parties a constitutional status is intended to introduce their activities into the legal framework (which is necessary, given the role they play in the political life of a modern state), to prevent the use of freedom of association to the detriment of democracy.

The Constitution, in my opinion, as a basic law should fix the fundamental basic provisions that determine the legal status of a political party and the relationship with the state, but at the same time, regardless of the scope of constitutional regulation of political parties, the provisions of the basic law are only the basis of their legal status, which is regulated in detail by others. regulations.

Currently, the Federal Law “On Political Parties” is in force. The adoption of this law is a very important step in the development of a democratic society in Russia.

There was a sharp controversy around this law both in the process of its adoption (between the first and second readings, the deputies introduced almost one and a half thousand amendments to the presidential draft, the most significant of them came from four alternative drafts rejected by the Duma), and after its entry into force.

According to many politicians, the Law is not ideal, but it provides a legal basis for the activities of political parties; in addition, it serves to consolidate society around political ideas. An important fact is that the adoption of the relevant law was one of the requirements of the Council of Europe.

The federal law "On political parties" consists of 10 chapters. The subject of its regulation "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."

It is important that the law practically duplicates the provision of the Constitution on the right of citizens to associate, but at the same time specifies the right to associate directly into a political party.

The sphere of activity of the party is the entire territory of the Russian Federation, or part of it, but in accordance with the requirements of this law. The law also contains a number of other principles for the activity of a political party: it is voluntariness, equality, self-government, legality and publicity.

In the chapter "General Provisions" two basic concepts are formulated - a political party and a regional branch.

The acute issue of the state, state bodies, officials and their interference in the activities of a political party is touched upon. Thus, in accordance with Article 10, “the interference of public authorities and their officials in the activities of political parties, as well as the interference of political parties in the activities of public authorities and their officials, is not allowed” At the same time, “issues affecting the interests of political parties, are decided by state authorities and local self-government bodies with the participation of the relevant political party or in agreement with it.

At the same time, the connection between the state and political parties in Russia is quite significant, especially during the period of participation of parties in elections and referendums. Therefore, it should be emphasized that the importance of the electoral legislation in the legal regulation of the activities of political parties is great.

Until recently, the electoral legislation of Russia represented a special case - it did not recognize political parties as the main subjects of the electoral process, allowing almost all public associations to participate in it. Political parties were not distinguished in this legislation from the general concept of "electoral association".

The situation changed with the adoption in 1997 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”. In contrast to the previous legislation, it provides a different definition of the concept of "electoral association". It is not any public association whose charter provides for participation in elections, but only a political association (political party, political organization, political movement).

Then, with the adoption of the Federal Law "On Political Parties", the situation changed. Now "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."

Along with participation in the electoral process, the most important activity of a political party is their parliamentary activity. "The modern Russian parliament is party in its composition and, therefore, its functioning largely depends on the activities of political parties in it." This necessitated its legal regulation, which is carried out by the regulations of the chambers, which determine the procedure for the formation of parliamentary factions, their rights and obligations related to the formation of parliamentary bodies, parliamentary procedure, and the like.

The legal status of a political party in the legislation of the Russian Federation, first of all, comes from the right of citizens to association. This right is enshrined not only in the Constitution of Russia and federal legislation, but also in the Constitutions and Charters of the subjects of the federation.

International standards also affect the legal framework of legislation on the political rights of citizens, as the "European Convention for the Protection of Human Rights and Fundamental Freedoms" states:

"Everyone has the right to freedom of peaceful assembly and freedom of association with others, including the right to form and join trade unions for the protection of his interests."

"The exercise of these rights shall be subject to no restrictions other than those prescribed by law and necessary in a democratic society in the interests of national security and public safety, for the prevention of disorder and crime."

Summarizing the above, we can draw the following conclusions.

The content of the legislation on public associations of the Russian Federation as a whole complies with international standards and mechanisms in the field of ensuring political human rights. Because of this, it does not conflict with Russia's international obligations in this area (in particular, with the provisions of the European Committee of Human Rights), but, on the contrary, supplements and details them, introducing the concept of a "political party".

At the same time, one should recognize the weak development in the current legislation of the Russian Federation of the spectrum of political rights and freedoms of citizens. It is important to note that they were not properly reflected, first of all, in the current Constitution of the Russian Federation.

This is especially relevant in the light of Article 4 of the Federal Law "On Political Parties": "The activities of political parties are regulated by the Constitution of the Russian Federation, this Federal Law, federal constitutional laws, federal laws."

In this sense, in the absence of even a mention of political parties in the Constitution of the country, this law is intended to fill the resulting vacuum in the normative registration of the right of citizens to association. At the same time, in connection with the gaps in the text of the constitution, there is a need to make appropriate amendments to it. However, analysts agree that the current mechanism for amending the Constitution of the Russian Federation is practically unrealizable. But we must not forget that excessive regulation, the complexity of the procedure for legalizing political parties lead to an unacceptable restriction of freedom of association.

“Although there is not, and cannot be, a single model, the general requirement should be that it correspond to a reasonable balance between freedom of association and the specifically conditioned need to limit it.” And this trend can be traced in the current legislation.