home Heating options What is required to register a party. How to create a legal political party in Russia

What is required to register a party. How to create a legal political party in Russia

29/03/2012

No one forced fools to pray for party building. They just simplified the procedure. And mighty foreheads are already hitting the floor in a fit of yet another political enthusiasm. The Ministry of Justice has 70 applications for party registration.

E If people are rocking it, it means someone needs it. The people need help. After a little digging into my memory, I compiled instructions on “How to create a political party.”

Name

The name is half the battle and one big problem. Prokhorov has been puzzling over the name of the party for several months now. They even announced a competition, but it made no sense. Does not work.
All decent names have already been used, become dirty and turned into political second-hand goods. You can, of course, take the first one you come across. True, it doesn’t always work out successfully. Let's say, in the mid-90s there was such a Party for the Eradication of Crime, Law and Order. This is an example of a bad name. Not everyone dreams of eradicating law and order.

The Ministry of Justice already has applications with interesting names. Netocratic party. Subtropical party. As they say, not for everyone. Not everyone lives in the subtropics, and no one really knows what “netocratic” means. Here is the Party “Untitled” - it’s creative. But, unfortunately, smart people have already staked out the name “Untitled”.
All the republican, democratic, socialist parties there suck. The devil will break his leg in them.

I suggest several names. To choose from.
Universal option: Your party. Simple and tasteful.
Also a universal option: Favorite party. It’s a little pretentious, but “Favorite Newspapers” are published in the provinces, and they say that someone reads them.
Advanced option: MegaParty. So to speak, for the creative class.
Advanced nationalist version: Party.Ru.

Program

Copy it from somewhere. And call it something. "Five steps into the future." Or “If we raise wages, we will lower rent.” Doesn't matter.
The main thing is not the program, but the slogans. Which, naturally, should be bright and memorable.

One candidate for whom I worked ran in the elections under the slogan “Give back the wings of aviation.” A very, I must say, memorable slogan. It raised a lot of questions. What does aviation have to do with it? Who and when took away the wings from aviation, which they now promise to return? In short, the candidate came in last place. But I don’t guarantee you the first one either.

Who should be included in the party?

This is the most important question. It is best, of course, that your party consists of one person. Then she will not be afraid of splits. And it’s unlikely that anyone will overthrow you from the post of chairman. Alas, we need 500 people.

Here I will tell a story. True story. In other words, a parable.
In 1996, I went to the city of Arkhangelsk to collect signatures for presidential candidate Yavlinsky. The local Yabloko organization could not cope with this. It was led by a wonderful man. Doctor. An intellectual, albeit with the name Ivan. But, as they say, he’s a bit of a slob.

One day a businessman came to our office. And the office of the Arkhangelsk Yabloko was strange. A little room, the entrance to which was across the hall. “Yabloko” shared this hall with the Hare Krishnas. In the morning and afternoon in this hall we accepted subscription lists, and in the evenings the Hare Krishnas held their vigils there.

In general, the businessman somehow made his way through the dancing Hare Krishnas into our little room. I talked to the chairman of the organization and left dissatisfied.
“I,” he says, “can’t deal with such an undignified gentleman.” “I,” he says, “can even deal with you, but I can’t deal with someone so undignified.”
At that time I turned 21 years old, and, as you understand, I was not particularly respectable. Except against the background of the chairman of the organization.

The chairman was also unhappy.
“We made it,” he says. - I just didn’t have enough businessmen.
“Why,” I say, “are you not satisfied with businessmen?”
“If you let them near,” says the chairman, “they’ll immediately knock me over.” It’s enough that Andryukha signed up for the party.

Andryukha is the man who rented out an apartment to my partner and me. Sometimes, however, he showed up there with women, locked himself in a large room and hung the queen of hearts on the door.
“Why,” I ask the chairman, “are you not satisfied with Andryukha?” He's your classmate.
“Andryukha,” says the chairman, “threatened to take away the fax from our organization.” Why, he says, Ivashka, do you need a fax? I, he says, need it more.

The most amazing thing is that after our departure Andryukha actually took the fax.
On the penultimate day, I took assemblers to the city of Severodvinsk on a specially ordered bus. We (or rather, they) collected a bunch of signatures. On the way back, of course, we got drunk. I proposed to the student who collected the most signatures to create and lead the youth “Yabloko”.
“At first,” I say, “youth stuff, and then, you see, you’ll knock off Ivan.” Not you, I say, but someone else.
“Okay,” says the student.

That's what they decided on. Well, we drank, of course, to consolidate our success.
The next day a student comes.
“I have a problem,” he says. I forgot to say yesterday.
“What,” I say, “is the problem?”
- I have a criminal record. Conditional. It's nothing?
“Conditional,” I say, “of course, is better than unconditional, but it’s not good enough.”
- Maybe we can wait a bit with the organization?
“Yes,” I say, “let’s wait.” We need to think about everything carefully again.
Fortunately, the next day we flew to St. Petersburg. But Chairman Ivan was still overthrown. So think about who to recruit into the party?

Businessmen are not allowed - they will knock them off. Cheerful and broken guys are also not allowed - the fax will be taken away. It’s better not to mess with students at all.
I think it's best to recruit members for money. A hundred per person. Multiply by five hundred. We receive 50 thousand rubles.

You can pull it. Moreover, you will win back in the next elections. How? Well, I don't know that. You need a party, not me .

previously:

Confirmation of state registration or its regional branch is a document confirming the fact of making an entry about a political party or its regional branch in the unified state register of legal entities.

See Administrative regulations for the provision by the Ministry of Justice of the Russian Federation of state services for making decisions on state registration of non-profit organizations, approved by order of the Ministry of Justice of the Russian Federation dated December 30, 2011.

Citizens about their political rights

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

How to register your party

You can, of course, take the first one you come across. True, it doesn’t always work out successfully. Let's say, in the mid-90s there was such a Party for the Eradication of Crime, Law and Order. This is an example of a bad name. Not everyone dreams of eradicating law and order.

The Ministry of Justice already has applications with interesting names. Netocratic. Subtropical. As they say, not for everyone. Not everyone lives in the subtropics, and no one really knows what “netocratic” means.

How to create a party?

If the law is violated in the process of creating a party, then the activity will either be terminated, or it will not even be able to be registered, and, accordingly, exist on a legal basis.

Federal Law No. 95, which came into force on June 11, 2001, the full name of which is “On Political Parties,” regulates not only the creation, but also the registration of political parties on the territory of the Russian Federation.

How to create a party

But even if he doesn’t label him, those around him will immediately label him...

And vice versa. If a person answers “yes” to both questions, then everyone will show him a thumbs up and recognize him as a “promising party leader.” Because - how? What else does a partygenossa need to be happy? Well, perhaps we still have to come up with a name... That's enough.

For brevity, I would call this fundamental principle of our political life the “Surkov principle.”

New Newspaper

Today there are four parliamentary parties: “United Russia”, “A Just Russia”, the Communist Party of the Russian Federation, the Liberal Democratic Party. There are three that did not make it into the State Duma: “Patriots of Russia”, “Right Cause”, “Yabloko”.

Political parties of Russia

» The Law “On Political Parties” (Article 3, paragraph 2) determines, among other things, that a political party must have regional branches in more than half of the constituent entities of the Russian Federation, have at least fifty (from 2010 - forty) thousand (from 2 April 2012 - 500) members, its governing and other bodies must be located on the territory of the Russian Federation.

In Russia, political parties have the right to nominate candidates for any elective positions and to any representative bodies, and the exclusive right to nominate lists of candidates for elections to the State Duma.

Step-by-step schedule for creating a political party

and also dated April 2, 2012 N 28-FZ)

- 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 the formation funds of the organizing committee and enter into civil contracts to ensure its activities (hereinafter referred to as the authorized person of the organizing committee) (last name, first name, patronymic, date of birth, residential address, citizenship, series and number of passport or a replacement document, contact phone number).

Registration of a political party - turnkey!

Such a legislative act as the law “On Political Parties in Ukraine” officially establishes the legal definition of the term, establishes the procedure for its creation and the procedure for terminating its activities, indicates the key principles of their organizational structure, sources of incoming funding, as well as possible forms of participation in political life.

According to the Constitution of Ukraine, relations between parties and the state are built on the principle of partnership.

At the beginning of the 2000s, there were dozens of registered political parties in Russia. Now there are only seven of them. So much remains due to the consistent tightening of legislation and the “prohibitive” attitude of the Ministry of Justice and Rosregistration. The functions of control over parties in the last decade have divided these structures. Politicians who tried to register their parties did not note any fundamental differences in their actions.

The only “Medvedev liberalization” of legislation on the issue of registration is that the party must now have not 50 thousand members across the country, but 45. The mandatory number of regional branches in more than half of the constituent entities of the Russian Federation has been reduced from 500 to 450 people. From 2012, the party will have to consist of at least 40 thousand people, the mandatory number of branches in more than half of Russian regions will be 400 people.

Kremlin ideologists are generally satisfied with this situation: “The party system in Russia has practically taken shape.” United Russia, however, hints that “we do not have a worthy social democratic party,” but their dislike for Sergei Mironov and Gennady Zyuganov does not evoke the support of their curators - in particular, in the winter an attempt to confront United Russia and SR was nipped in the bud.

Political scientist Alexander Kynev told Novaya that the Russian experience also has international demand: the strict Russian law on parties was copied by countries such as Kazakhstan, Uzbekistan, Armenia, and Peru. They now want to do something similar in Egypt.

Despite the high demands for the creation of new parties, many politicians unsuccessfully tried to register their parties. Since the middle of the last decade, there have been numerous scandals and trials related to the refusal of registration. Participants in the political process are convinced that Vladislav Surkov’s personal approval is needed to register a party. Boris Nadezhdin, a member of the political council of Right Cause, frankly told Novaya that his party was not prevented from registering because it was clear that it was being created with the support of the authorities.

Meanwhile, some politicians are not giving up hope of joining the “licensed seven”. The need to create a party is talked about in Solidarity and Democratic Choice; the recently emerged new liberal group in United Russia may also want to become a party. A conglomerate of old red-brown, radical trade unionists and Left Front activists is already busy registering a new party - ROT Front.

“Novaya” examined the ways in which in recent years citizens of our country were not allowed to register parties.

The party is registered

Even registering a party is not a final victory. Article 27 (clause 1 “B”) of the law on parties requires that the party annually submit information on the number of each of the regional branches, on the continuation of its activities, indicating the location of the permanent governing body, on its structural divisions that are not vested with the rights of a legal entity, but having, in accordance with the party charter, the right to take part in elections and (or) referendums, as well as an annual financial report.

Boris Vishnevsky, a member of the Yabloko bureau, confirms: inspections are regularly carried out, a lot of documents are constantly requested, they demand minutes of party meetings, all party decisions, information on all expenses. Doing all this is a huge job.

According to political scientist Alexander Kynev, compiling this reporting and maintaining such a structure requires 2-3 million dollars a year. And yet, at the first desire of the authorities, the “license” of almost any party can be taken away.

The party is not registered

Is it necessary to involve your supporters in the procedure for creating a party, being sure that they will not allow you to do this? Opinions vary. Arguments for: this is a way to mobilize assets, build connections between regional groups, draw attention to your brand, and force the authorities to follow the law. Arguments against: this is a huge, obviously ineffective work that can demotivate supporters, collecting signatures - transferring data about sympathizers to the “fighters against extremism” from the Ministry of Internal Affairs and the FSB.

The main advantage of a “licensed” party is the ability to nominate lists at elections at different levels. Leftists who are not registered by the state will try to align themselves with the Communist Party of the Russian Federation, A Just Russia, and, to a lesser extent, with Yabloko and Patriots of Russia in the 2011 elections. Liberals - towards Yabloko, Right Cause, and to a lesser extent - towards A Just Russia. Therefore, who will be chosen, under what conditions, for what position (on what list) may become one of the main intrigues of the upcoming elections.

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 their state registration. A document confirming the state registration of a political party or its regional branch is a certificate of state registration of a political party or its regional branch.

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

3. The documents required for state registration of a political party are submitted to the registration authority no later than six months from the date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement that decided to transform the all-Russian public organization or an all-Russian social movement into political party.

4. State registration of regional branches of a political party is carried out after the state registration of the 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 the political party.

5. When establishing compliance of the documents required for state registration of a political party or its regional branch with the requirements of this Federal Law, the registering body, no later than one month from the date of receipt of the documents, issues 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 regional office.

6. If 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 registration authority copies of certificates of state registration of its regional branches in more than half of the constituent entities of the Russian Federation, the certificate of state registration of the political party is considered lost force, and the record of the creation of this political party is excluded from the unified state register of legal entities.

7. The deadlines provided for in paragraphs 4 and this article are 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 of expiration of the specified deadlines the court decision has not entered into force.

8. If the charter of a political party provides for the granting of legal entity rights 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 unit of a political party is subject to the requirements established by this Federal Law for state registration of regional branches of a political party, with the exception of the paragraphs of the second and third paragraph 2 of Article 3 of this Federal Law.

9. For state registration of a political party and its regional branches, a registration fee is charged in the manner prescribed by the legislation of the Russian Federation.

The registration fee for state registration of a political party is fifty times the minimum wage established by federal law as of March 1 of the year preceding the year of state registration of a political party. The registration fee for state registration of a regional branch of a political party is three times the minimum wage established by federal law as of March 1 of the year preceding the year of state registration of the regional branch of a political party.

Ways to create political parties

A political party is created freely, without permission from government bodies and officials. The Federal Law “On Political Parties” (Article 11) provides for two ways to create a political party: 1) at the founding congress of a political party, 2) by transforming an all-Russian public organization or an all-Russian social movement into a political party at a congress of an all-Russian public organization or an all-Russian social movement.

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

From the date of its creation, a political party carries out organizational, information and propaganda activities related to the formation of its regional branches and obtaining a document confirming the fact of making an entry about the political party in the Unified State Register of Legal Entities.

In the event of transformation into a political party of an all-Russian public organization or an all-Russian social movement, the congress of the all-Russian public organization or all-Russian social movement makes decisions: 1)

on the transformation of an all-Russian public organization or an all-Russian social movement into a political party; 2)

on the transformation of their regional divisions in the constituent entities of the Federation into regional branches of a political party; 3)

on the adoption of the charter of a political party and the adoption of its program; 4)

on the formation of governing and control and audit bodies of a political party.

When creating a political party by transforming an all-Russian public organization or an all-Russian social movement into a political party, the political party is considered created from the date of making the corresponding entry in the Unified State Register of Legal Entities.

Why is the organizing committee formed?

To prepare, convene and conduct the founding congress of a political party, citizens of the Russian Federation who have the right to be members of a political party shall form an organizing committee (Article 12 of the Federal Law “On Political Parties”). This committee must consist of at least 10 people. The organizing committee notifies Rosregistration in writing of its intention to create a political party and indicates its intended name. Along with the notification, the following are sent to the specified authority: 1)

information about at least 10 members of the organizing committee (surnames, first names, patronymics, dates of birth, citizenship, contact numbers); 2)

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 the formation of funds organizing committee and enter into civil law contracts to ensure its activities (last name, first name, patronymic, date of birth, residential address, citizenship, series and number of passport or a replacement document, contact phone number).

On the day of receipt of the notification and the above documents, Rosregistration or its territorial body issues a document confirming their submission to the authorized person of the organizing committee. The organizing committee, within a month from the date such a document is issued to it, publishes in one or more all-Russian periodicals information about the intention to create a political party and the submission of relevant documents to Rosregistration.

The Organizing Committee independently determines the order of its activities. During his term of office, he prepares, convenes and holds the founding congress of the political party. For these purposes, the organizing committee: 1)

carries out organizational, information and propaganda activities aimed at forming regional branches of the political party being created in the subjects of the Federation, including holding meetings of supporters of the political party being created to elect delegates to the founding congress of the political party; 2)

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

The funds of the organizing committee are formed from donations to political parties.

After the founding congress of a political party, the organizing committee ceases its activities. At the same time, funds and other property of the organizing committee, as well as the financial report

on their use, which indicates the sources of funds and other property, are transferred to the established political party.

If the organizing committee does not hold the founding congress of a political party during its term of office, then after this period the organizing committee ceases its activities. In this case, the remaining funds of the organizing committee are transferred to donors in proportion to the donations made, and other property is also returned to donors.

Transformation into a political party of an all-Russian public organization or an all-Russian social movement

Information about the place and date of the founding congress of a political party or congress of an all-Russian public organization (movement), convened to transform them into a political party, is published by the organizing committee or all-Russian public organization (movement) in Rossiyskaya Gazeta or other all-Russian periodicals. The specified information is published no later than a month before the convening of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian social movement convened to transform them into a political party.

For economic reasons, it is advisable to publish the above information in Rossiyskaya Gazeta, since it 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 social movement convened for their transformation into a political party. Moreover, the law also establishes a clear deadline within which Rossiyskaya Gazeta is obliged to make such a publication - within two weeks from the date of submission of this information to the publication.

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 Federation took part in its work. The norm for the representation of delegates to the founding congress is established by the organizing committee on the basis that each of the specified subjects of the Federation must be represented by at least three delegates. Decisions of the founding congress of a political party are made by a majority vote of the delegates to the founding congress of the political party.

The decision to transform an all-Russian public organization or an all-Russian social movement into a political party and other decisions are made by the congress of the all-Russian public organization or an all-Russian social movement in accordance with their charters. A congress of an all-Russian public organization or an all-Russian social movement is considered competent if its work was attended by delegates representing the regional branches of an all-Russian public organization or an all-Russian social movement located in the territories of more than half of the subjects of the Federation and predominantly residing in these subjects of the Federation. The norm for the representation of congress delegates is established at the rate of at least three delegates from each of the specified regional branches. It is not required to create an organizing committee in the event of transformation of an all-Russian public organization or an all-Russian social movement into a political party.

After the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement, which has decided to transform the all-Russian public organization or all-Russian social movement into a political party, the political party, within a month, submits the main provisions of its program to the Rossiyskaya Gazeta for publication. "Rossiyskaya Gazeta" is obliged, within a month after the submission of these provisions, to publish free of charge the main provisions of the political party's program in a volume of at least 200 newspaper lines.

State registration of a political party and its regional branches

Unlike other public associations, for which state registration is voluntary, a political party and its regional branches are subject to mandatory state registration (Article 15 of the Federal Law “On Political Parties”), which is carried out in accordance with the Federal Law “On State Registration of Legal Entities and individual entrepreneurs”, taking into account the special procedure for state registration of a political party and its regional branches. A political party and its regional branches carry out their activities in full, including as legal entities, from the moment of state registration. Evidence of state registration of a political party or its regional branch is a document confirming the fact of making an entry about a political party or its regional branch in the Unified State Register of Legal Entities.

The decision on state registration of a political party and its regional branches is made accordingly by Rosregistration and its territorial bodies. The documents required for state registration of a political party are submitted to Rosregistration no later than six months from the date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement that decided to transform the all-Russian public organization or an all-Russian social movement into a political party.

State registration of regional branches of a political party is carried out after the state registration of the political party, while in more than half of the subjects of the 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 the political party.

Rosregistration or its territorial body, no later than three working days from the date of receipt from the registration authority of information about the entry made in the Unified State Register of Legal Entities about a political party or its regional branch, issues to the authorized person of the political party or its regional branch a document confirming the fact of making the corresponding entries in the Unified State Register of Legal Entities. Moreover, if a decision has not been made to refuse state registration of a political party or its regional branch, the specified document must be issued no later than a month from the date of filing the corresponding application for state registration.

If the charter of a political party provides for the granting of legal entity rights to another structural unit of the political party, then 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.

What documents are required for state registration of a political party created at the founding congress of a political party?

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

An application signed by authorized persons of a political party, indicating their surnames, first names, patronymics, residential addresses and contact telephone numbers. An application for state registration of a political party is submitted in two copies. The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

The charter of the political party in two copies, bound, numbered, certified by authorized persons of the political party, as well as the text of the charter in machine-readable form. All copies of the charter must be submitted in originals. The charter must contain the provisions set out in Article 21 of the Federal Law “On Political Parties”. 3.

The program of a political party, certified by authorized persons of the political party, as well as the text of the program in machine-readable form. 4.

Copies of decisions of the founding congress of a political party certified by authorized persons of a political party on the creation of a political party, on the adoption of the charter of a political party and the adoption of its program, the creation of regional branches of a political party, the formation of its governing and control and audit bodies, indicating data on the representation of delegates at this congress and voting results (see Appendix 17). Copies of decisions of the founding congress of a political party are presented in duplicate. 5.

Document confirming payment of state duty. The amount of state duty for state registration of political parties is established in Article 333.33 of the Tax Code of the Russian Federation. The state fee is paid for state registration of a political party in the amount of 1000 rubles. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a political party or its regional branch is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the political party, at which communication with the political party is carried out. This information can be confirmed by letters of guarantee and other documents. 7.

A copy of an all-Russian periodical printed publication in which information about the place and date of the founding congress of a political party is published (“Rossiyskaya Gazeta” or another publication). 8.

Copies of 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 a political party, indicating the number of members of the political party in its regional branches, as well as the location of the governing bodies of the regional branches of the political party. On the day of receipt of the specified documents and materials, Rosregistration is obliged to issue a document confirming their receipt to authorized persons of the political party. Rosregistration does not have the right to require a political party to submit any additional documents for state registration of a political party.

Rosregistration or its territorial body, no later than three working days from the date of receipt from the registration authority of information about the entry into the Unified State Register of Legal Entities of an entry about a political party or its regional branch, issues a certificate of state registration to the authorized person of the political party or its regional branch, confirming the fact of making relevant entries in the Unified State Register of Legal Entities. Moreover, if a decision has not been made to refuse state registration of a political party or its regional branch, the specified certificate must be issued no later than a month from the date of filing the corresponding application for state registration.

It should be noted that attempts were made to challenge the registration and re-registration of all political parties in the Russian Federation in court, but they were unsuccessful, largely on formal grounds. Thus, the Cassation Board of the Supreme Court of the Russian Federation considered the case on B.’s application to invalidate the registration and re-registration in 2002 by the Ministry of Justice of Russia of all political parties in accordance with the adopted Federal Law “On Political Parties”.

B. appealed to the Supreme Court of the Russian Federation with the above requirement. By a ruling of a judge of the Supreme Court of the Russian Federation dated December 23, 2002, B.’s claim was rejected due to its lack of jurisdiction by the Supreme Court110. In a private complaint, the applicant asked for the ruling to be cancelled, citing its illegality. The Cassation Board upheld the decision of the Supreme Court judge dated December 23, 2002 to be left unchanged.

According to the civil procedural legislation of the Russian Federation, the Supreme Court, as a court of first instance, considers civil cases challenging decisions to suspend the activities or liquidate political parties.

As follows from the content of the application submitted to the first instance, B. asks to invalidate the registration and re-registration of political parties. These requirements are not subject to the jurisdiction of the Supreme Court by law. A change of jurisdiction is possible only with the consent of both parties, since, in accordance with Article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to consider a case in the court and by the judge to whose jurisdiction it is assigned by law. Since there is no special law that would establish mandatory jurisdiction of the Supreme Court for applications with requirements similar to those indicated above, and the Constitution, in accordance with its Article 15, has supreme legal force and direct effect, the acceptance of the application by the judge of the Supreme Court was justifiably refused.

At the same time, it is clear from B.’s statement that his demands boil down to the liquidation of a number of political parties and public associations. As correctly stated in the judge’s ruling, in accordance with Articles 39, 41 of the Federal Law “On Political Parties”, Article 9 of the Federal Law “On Combating Extremist Activities”, an application for the liquidation of a political party can be filed with the Supreme Court by a federal authorized body, the Prosecutor General and a federal body executive power. The applicant does not apply to them, as well as to the persons specified in Articles 42, 43 of the Federal Law “On Public Associations” and who are entitled to raise the issue of terminating the activities of a public association, since he is not given the right to go to court with such demands, and in acceptance of the application was refused on the basis of paragraph 1 of part 1 of article 134 of the Civil Procedure Code of the Russian Federation.

What documents are required for state registration of a party created by transformation from an all-Russian public organization (movement)?

For state registration of a political party created by transforming an all-Russian public organization (movement) into a political party, the following documents are submitted to Rosregistration: 1.

An application signed by authorized persons of an all-Russian public organization (movement) or other body responsible for

their transformation into a political party, indicating the last names, first names, patronymics, residential addresses and contact telephone numbers of such persons. An application for state registration of a political party and its regional branch is submitted in two copies. The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

The charter of a political party in two copies, bound, numbered, certified by authorized persons of an all-Russian public organization (movement) or other body responsible for their transformation into a political party, as well as the text of the charter in machine-readable form. All copies of the charter must be submitted in originals; the charter must contain the provisions set out in Article 21 of the Federal Law “On Political Parties”. 3.

The program of a political party, certified by authorized persons of an all-Russian public organization, an all-Russian social movement or other body responsible for their transformation into a political party, as well as the text of the program in machine-readable form. 4.

Certified by authorized persons of an all-Russian public organization (movement) or other body responsible for their transformation into a political party, copies of decisions of the congress of an all-Russian public organization (movement) on its transformation into a political party, adoption of the charter of a political party and adoption of its program, transformation of regional branches of an all-Russian public organization (movement) to regional branches of a political party, the formation of its governing and control and audit bodies, indicating data on the representation of delegates at this congress and voting results (see Appendix 18). Copies of decisions of the congress of an all-Russian public organization (movement) on its transformation into a political party are presented in duplicate. 5.

Document confirming payment of state duty. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a political party is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the political party, at which communication with the political party is carried out. This information about the address (location) can be confirmed by letters of guarantee and other documents. 7.

A copy of an all-Russian periodical printed publication in which information is published about the place and date of the congress of an all-Russian public organization (movement) convened to transform it into a political party (“Rossiyskaya Gazeta” or another publication). 8.

Copies of minutes of conferences or general meetings of regional branches of the all-Russian public organization (movement) held in more than half of the subjects of the Federation, certified by authorized persons of regional branches of the all-Russian public organization (movement), with decisions on the transformation of regional branches of the all-Russian public organization (movement) into regional branches of a political party and indicating the number of members of the political party in its regional branches, as well as the location of the governing bodies of the regional branches of the political party (see Appendix 20). 9.

A deed of transfer of an all-Russian public organization (movement), drawn up in accordance with the Civil Code of the Russian Federation.

On the day of receipt of the documents and materials specified above, Rosregistration issues a document confirming their receipt to authorized persons of the political party. Rosregistration does not have the right to require a political party to submit any additional documents for state registration of a political party.

What documents are required for state registration of a regional branch of a political party?

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

A copy of the decision of the founding congress of a political party or a congress of an all-Russian public organization (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. The regional branch of a political party may also be required to submit an application for state registration of the regional branch of a political party (submitted in two copies). The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

A copy of the document on state registration of the political party certified by authorized persons of the political party. 3.

Copies of the charter and program of the political party certified by authorized persons of the political party. 4.

A copy of the minutes of the conference or general meeting of the regional branch of the political party on its creation, 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 (see Appendix 19). Copies of minutes of conferences or general meetings of the regional branch of a political party are submitted in duplicate. 5.

Document confirming payment of state duty. The amount of the state fee for state registration of a regional branch of a political party is established in Article 333.33 of the Tax Code of the Russian Federation. The state fee is paid for state registration of each regional branch of a political party in the amount of 1000 rubles. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a regional branch of a political party is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the regional branch of the political party, through which communication with the regional branch of the political party is carried out. This information about the address (location) can be confirmed by letters of guarantee and other documents. 7.

List of members of the regional branch of a political party. The territorial body of Rosregistration on the day of receipt of the listed

above the documents issues a document confirming their receipt to authorized persons of the political party. It should be especially noted that the territorial body of Rosregistration does not have the right to require a political party to submit any additional documents for state registration of the regional branch of a political party.

Reasons for refusal of state registration of a political party or its regional branch

A political party may be denied state registration only in the following cases: 1.

The provisions of the charter of a political party contradict the Constitution of the Russian Federation and federal legislation. 2.

The name and (or) symbols of a political party do not comply with the following requirements of Articles 6 and 7 of the Federal Law “On Political Parties”:

a) in the name of a political party, both full and abbreviated, 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 the implementation of extremist activities, are used; names of state authorities and local government bodies, as well as the first and (or) last name of the citizen;

b) the name of the political party does not comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyrights; the name of a political party is used that offends racial, national or religious feelings;

c) the symbols of a political party 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;

d) emblems and other symbols of political parties and other all-Russian public associations existing in the Russian Federation, as well as emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation are used as the emblem and other symbols of a political party;

e) the symbols of a political party do not comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyrights (it is prohibited to use symbols that insult or discredit the State Flag, the State Emblem, the State Anthem of the Russian Federation, flags, emblems, anthems of the subjects of the Federation, municipalities , foreign countries, religious symbols, as well as symbols that offend racial, national or religious feelings). 3.

The documents discussed above required for state registration of a political party were not presented. 4.

Rosregistration has established that the information contained in the documents submitted for state registration of a political party does not comply with the requirements of the Federal Law “On Political Parties”. 5.

The deadlines established by the Federal Law “On Political Parties” for submitting documents required for state registration of a political party were violated.

A regional branch of a political party may be denied state registration only in the following two cases: 1) the documents discussed above required for state registration of a regional branch of a political party are not submitted; 2) the territorial body 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 the law.

It must be remembered that the program of a political party is presented solely for the information of Rosregistration. Any errors or inaccuracies in the program cannot serve as grounds for refusal of state registration of a political party. The only exception is the creation and activity of political parties whose goals or actions are aimed at carrying out extremist activities. Rosregistration is prohibited from requiring a political party to make any changes to its program.

If the authorized bodies make a decision to refuse state registration of a political party or its regional branch, the applicant is informed about this. The refusal of state registration is drawn up in the form of a conclusion and approved by Rosregistration or its territorial body, and the applicant is informed about this in writing no later than a month from the date of receipt of the submitted documents, indicating the specific provisions of the legislation of the Russian Federation, the violation of which entailed the refusal in the state registration of a given political party or its regional branch. A political party and its regional branch may be denied state registration on the grounds set out in Article 20 of the Federal Law “On Political Parties”.

Refusal to state registration or evasion of state registration of a political party or its regional branch may be appealed in court. An application by a political party or its regional branch to appeal a refusal of state registration is considered by the court within a month from the date of filing the application. Refusal of state registration of a political party or its regional branch is not an obstacle to repeated submission of documents to the authorized bodies for state registration of a political party or its regional branch, provided that the grounds that caused such refusal are eliminated. Review by authorized bodies of repeated submissions of documents and decisions on them are carried out in the manner discussed above for state registration of a political party or its regional branch.

The practice of state registration of public associations shows that such registration is often denied due to the non-compliance of the documents submitted by the public association with the requirements of regional legislation. At the same time, it is necessary to remember that it is necessary to be guided here by the requirements of the Federal Law “On Public Associations”. Therefore, provisions of the laws of the constituent entities of the Russian Federation that contradict this federal law should be appealed to the court.

For example, citizen Ch. challenged the constitutionality of Article 4 of the Law of the Kostroma Region of December 4, 1998 “On the status of public associations on the territory of the Kostroma Region.” According to this article, a regional (regional) public association is an association created in the manner established by federal law and having its structural divisions in the territories of more than half of the municipalities of the Kostroma region. The applicant challenged this article in the part that provides for the presence of the regional (regional) public association of its structural divisions in the territories of more than half of the municipalities of the Kostroma region. According to the applicant, the contested provision violates his right to association, does not correspond to the constitutionally significant goals of restricting rights and freedoms, violates the constitutionally established division of jurisdiction and powers between the Russian Federation and its constituent entities and thereby contradicts Articles 3 (Part 4), 4, 30 (part 1), 55 (part 3) and 71 (point “c”) of the Constitution of the Russian Federation. On these grounds, the applicant was denied registration of a public association in the Kostroma region.

Based on the complaint of citizen Ch., the decision of the Kostroma Regional Court dated April 27, 2002, left unchanged by the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 1, 2002, Article 4 of the Law of the Kostroma Region “On the status of public associations in the territory of Kostroma region" in terms of the words "and having their own structural units in the territories of more than half of the municipalities of the Kostroma region" was found to be contrary to federal law, invalid and not subject to application from the date the decision entered into legal force. In pursuance of the court decision, this provision was excluded by the relevant Law of the Kostroma Region.