Ways to create political parties

A political party is created freely, without permission from authorities state power 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 into political party all-Russian public organization or all-Russian social movement at the congress of an all-Russian public organization or 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 it formed? Organising Committee?

To prepare, convene and conduct the founding congress of a political party by citizens Russian Federation who have the right to be members of a political party, an organizing committee is formed (Article 12 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 a current account through an authorized person of the organizing committee in one of credit organizations 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 a congress of an all-Russian public organization or an all-Russian social movement, which has decided to transform the all-Russian public organization or an all-Russian social movement into a political party, the political party, within a month, presents the main provisions of its program to the “ Russian newspaper» 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 the 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 Tax Code 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 application was rightfully refused by the judge of the Supreme Court.

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 to authorized persons of the political party confirming their receipt. 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 Kostroma region dated December 4, 1998 “On the status of public associations in 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.

How to create a political party

POLITICAL PARTIES ARE CREATED freely: their creation does not require sanction or permission from government bodies. Being a public association, the party is created only by citizens who have the right to belong to political parties. However, the process of creating a party, its “birth” is regulated by federal law and is carried out according to a strictly defined formal procedure.

The law provides for two ways to create parties. Depending on the choice of one of them, various requirements are established for the order and procedure for the creation and registration of such organizations: its formation at the founding congress and its creation through transformation of an all-Russian public organization or an all-Russian social movement. In the first case, the party is created directly by citizens. In the second case, it becomes a previously created all-Russian public association, registered as an organization (an association based on membership) or a movement (an association without membership).

Scheme for creating a political party

Depending on which method of creating political parties is chosen, the sequence of actions and the scope of procedural requirements vary. The moment when a party is officially recognized as created also varies.

Thus, a party formed at the founding congress is considered created from the moment it (the congress) made decisions on the creation of a political party, on the formation of its regional branches in more than half of the constituent entities of the Russian Federation, on the adoption of its charter and program, on the formation of its leadership and control - audit bodies.

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.

What is the party organizing committeeWhat is its status

The ORGANIZATIONAL COMMITTEE is created by citizens of the Russian Federation who have the right to be members of a political party to prepare, convene and conduct its founding congress.

The organizing committee must have at least 10 people who have the right to be members of a political party. The creation of the organizing committee is formalized at their joint meeting.

The organizing committee must notify the authorized body of Rosregistration (Federal Registration Service) of its intention to create a party. Along with the notification, the following are sent to the specified authority:

– information about at least 10 members of the organizing committee indicating their details (full name, citizenship, contact numbers);

– minutes of the meeting of the organizing committee, which indicates the purpose of its creation, term of office (no more than a year), location, procedure for using funds and other property of the organizing committee, detailed (including passport details) information about the member of the organizing committee authorized to open an account for forming funds for the organizing committee and concluding civil contracts to ensure its activities.

Rosregistration is charged with the obligation to ensure the issuance of a document confirming receipt of such notification immediately on the day it receives notification of the creation of the organizing committee. The only reason for refusal may be the absence or improper execution of the necessary documents. After which, within a month, the organizing committee is obliged to publish in one or more all-Russian periodicals information about the intention to create a political party and about the submission of relevant documents to Rosregistration.

The Organizing Committee independently determines the order of its activities. During his term of office, he must complete the main task - to hold the founding congress of the party. For these purposes, the committee carries out organizational, information and propaganda activities aimed at forming regional branches of the party in the constituent entities of the Russian Federation, including holding meetings of its supporters to elect delegates to the founding congress. In addition, the organizing committee, through an authorized person designated by it, opens a current account in one of the credit institutions of the Russian Federation.

According to its legal status, the organizing committee is not a legal entity. At the same time, it de facto possesses certain characteristics of a legal entity, defined in Article 48 of the Civil Code of the Russian Federation. This is, first of all, the fact that he has an independent balance sheet and cost estimate, which follows from the fact that he has a current account in one of the credit institutions. In addition, within the meaning of paragraph 3 of Article 1 3 of the Federal Law “On Political Parties”, the organizing committee has at its disposal not only funds, but also other separate property. However, the real rights of the organizing committee to own, use and dispose of property are limited. In particular, the organizing committee is obliged, if a party is created, to transfer to it funds, other property and a financial report on their use, indicating the sources of their receipts.

The source of funds for the organizing committee is donations in the form of cash and other property from individuals and legal entities. Fundraising is carried out by the organizing committee, taking into account the requirements and restrictions established for donations to political parties.

The maximum period of activity of the organizing committee cannot exceed one year. If the organizing committee does not hold the founding congress of the party within the established term of its powers, it ceases its activities. The remaining funds of the organizing committee are transferred to donors in proportion to the donations made, other property is returned to them, and if return is impossible, the money and property are turned into the income of the Russian Federation.

Since since January 2006, Federal Law No. 168-FZ of December 20, 2004 has significantly tightened the requirements for the number of political parties (the minimum number has been increased from 10 thousand to 50 thousand members), the duration of the activities of organizational committees formed for the preparation, convening and the holding of founding congresses of political parties before the law came into force, was extended by six months.

What are the requirements for holding the founding congress of the party?

SINCE THE CREATION of political parties takes place publicly, the date and location of the founding congress must be made public in advance. The organizing committee of the party publishes information about the place and date of the founding congress in Rossiyskaya Gazeta or other all-Russian periodicals. The specified information is published no later than a month before the day of convening the founding congress.

Rossiyskaya Gazeta is obliged to publish information free of charge about the place and date of the founding congress of a political party 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 Russian 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 constituent entities of the Russian Federation must be represented by at least three delegates.

A political party is considered created from the day the founding congress makes decisions on its creation, on the formation of its regional branches in more than half of the constituent entities of the Russian Federation, on the adoption of its charter and program, on the formation of its governing and control and audit bodies. Decisions of the founding congress of the party on these issues are made by a majority vote of the delegates to the founding congress.

The founders of a political party are the delegates to the founding congress.

What is the procedure for transforming a public association into a political party?

IN THE CASE OF TRANSFORMATION OF AN all-Russian public organization or an all-Russian social movement into a political party, the congress of the all-Russian public organization or all-Russian social movement makes decisions on the transformation of the relevant organization or movement into a political party, on the transformation of their regional divisions in the constituent entities of the Russian Federation into regional branches of a political party, on the adoption its charter and program, on the formation of its governing and control and audit bodies.

Information about the place and date of the congress of an all-Russian public organization or an all-Russian social movement convened to transform it into a political party is published by the relevant organization or movement in Rossiyskaya Gazeta or other all-Russian periodicals.

The specified information is published no later than a month before the convening of the congress of an all-Russian public organization or an all-Russian social movement convened to transform it into a 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 regional branches of an all-Russian public organization or an all-Russian social movement located in the territories of more than half of the constituent entities of the Russian Federation and predominantly residing in these constituent entities of the Russian Federation.

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.

Is it possible to transform a regional public association into a party?

NO. THE POSSIBILITY OF CONVERSION into a political party is provided only for all-Russian public associations created in the organizational and legal form of a public organization (an association based on membership) or a social movement (an association without membership). Interregional, regional, local public associations do not have such a right.

Accordingly, in order for a non-partisan public association (organization or movement) to have the opportunity to transform into a political party, it must first receive the status of an all-Russian one, which in turn requires the presence of regional branches in more than half of the constituent entities of the Russian Federation.

The transformation of a regional or interregional public association into an all-Russian one requires appropriate re-registration with Rosregistration. After the fact of transformation has been officially confirmed and documented, the public association may decide to transform into a political party in the manner prescribed by Article 14 of the Federal Law “On Political Parties”.

From what moment is the party considered created?

THE 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 Russian Federation, on the adoption of its charter and program, on the formation of its governing and control and audit bodies. 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 its receipt of a document confirming the fact of making an entry about it in the unified state register of legal entities.

When creating a political party by transforming an all-Russian public organization or an all-Russian social movement into a political party, the party is considered created from the date of making the corresponding entry in the unified state register of legal entities.

What is the purpose of the party charter and program

THE BASIC DOCUMENTS of a political party are its program and charter. The latter is the main organizational and legal document that determines the activities of a political party, its regional branches and other structural units.

The charter of a political party must contain provisions defining:

– goals and objectives of a political party;

– the name of the political party, including its abbreviation, as well as a description of the symbols (if any);

– conditions and procedure for acquiring and losing membership in a political party, the rights and obligations of its members;

– the procedure for registering members of a political party;

– the procedure for the creation, reorganization and liquidation of a political party, its regional branches and other structural units;

– the procedure for electing the governing and control and audit bodies of a political party, its regional branches and other structural units, the term of office and competence of these bodies;

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

– the rights of a political party, its regional branches and other structural units in the field of managing funds and other property, the financial responsibility of the political party, its regional branches and other structural units and the reporting procedure of the political party, its regional branches and other structural units;

– the procedure for the nomination of candidates (lists of candidates) by a political party for deputies and other elective positions in state authorities and local governments, including in repeat and by-elections; the grounds and procedure for recalling candidates nominated by a political party, regional branch, other structural unit that have the right to participate in elections, registered candidates for deputies and other elective positions in state authorities and local governments, the procedure for excluding candidates from those nominated by a political party, regional department, other structural unit that has the right to participate in elections, lists of candidates.

The charter of a political party may also contain other provisions related to its activities and not inconsistent with the legislation of the Russian Federation. Changes made to the charter of a political party are subject to state registration in the same manner and within the same time frame as the state registration of the political party itself, and acquire legal force from the moment of such registration. For state registration of changes made to the charter of a political party, a state fee is charged in the manner and in the amounts established by the legislation of the Russian Federation.

According to the Federal Law on Political Parties, a mandatory condition for state registration is the presence of a party program adopted by the congress - delegation of authority to adopt the program to other governing bodies is unacceptable under any circumstances. The presentation of a party program during its registration is caused by the need to confirm the declared political nature of its activities.

In order to ensure accessibility, the texts of the charters and programs of political parties are posted by the authorized body (Rosregistration) on a special website in the public information and telecommunications network (clause 4 of Article 19 of the Federal Law “On Political Parties”).

What is the procedure for registering political parties and their regional branches

A KEY POINT in the legitimation of political parties, during which their legal status receives official confirmation and parties acquire the rights of a legal entity, is their state registration. Depending on national legislation, registration of political parties is carried out in various bodies: ministries of the interior (Austria, Spain, Italy, France), ministries of justice (Belgium, the Netherlands), the body responsible for ensuring the conduct of elections (Brazil, Peru), the ministry of territorial affairs (Congo), in courts of general jurisdiction (Angola, Bulgaria, Portugal, Poland) or in bodies specially created for registration of parties (Ethiopia).

The registration regime for political parties can be defined as special, having distinctive features from the general procedure for registering legal entities. The specificity of registration is manifested in the fact that Rosregistration carries out not only formal (in terms of the completeness and correctness of the submitted documents), but also substantive control over the compliance of the constituent documents of parties with the requirements of the current legislation. Accordingly, the possibility of refusing registration is not limited to failure to submit the necessary documents or submission of documents to the wrong registration authority, but also provides for other grounds.

Registration takes place after the founding congress of the party. The deadline for submitting documents required for state registration of a party, determined by law, is six months from the date of the founding congress of a political party or all-Russian public association that decided to transform the all-Russian public organization or all-Russian social movement into a political party. Failure to comply with this deadline is grounds for refusal to accept documents, which may lead to the need to carry out the procedure for creating a batch “anew.”

In 2001-2003 The parties “Civil Union”, the Orthodox Party of Russia, the Green Party of the Russian Federation and the Union Party for the Revival of Russia, the Party of Economic Freedom, the Party of Justice and Development of Russia, the Party of Shareholders and Investors failed to meet the 6-month deadline allotted by law.

The federal authorized body (Rosregistration) annually publishes a list of political parties and their regional branches as of January 1 in all-Russian periodicals and places this list indicating the registration date of each political party and each of its regional branches (clause 4 of article 19 of the Federal Law " About political parties").

What documents are submitted when registering a party and its regional branch?

IN ACCORDANCE WITH ARTICLES 16 and 17 of the Federal Law “On Political Parties”, for state registration, a political party submits to Rosregistration, a government body authorized to perform functions in the field of registration of political parties:

1. Application signed by authorized persons of the political party indicating their full names, addresses and contact telephone numbers. If a party is created through the reorganization of an all-Russian public association (organization, movement), the application must be signed by authorized persons responsible for their transformation into a political party, indicating the full name, residence addresses and contact telephone numbers of such persons. Application forms were approved by Order of the Ministry of Justice of Russia dated July 12, 2002 No. 199.

2. Two copies of the charter of the political party in bound form with numbered pages, certified by authorized persons of the political party, as well as the text of the charter in machine-readable form.

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 the decisions of its founding congress certified by authorized persons of the party on the creation of a political party, on the adoption of its charter and program, on the creation of its regional branches, on the formation of its governing and control and audit bodies (indicating data on the representation of delegates at the founding congress and the results voting). If parties are created through the reorganization of an all-Russian public organization or an all-Russian social movement, then copies of the congress decisions on their transformation into a political party, on the adoption of its charter and program, on the transformation of regional branches of the relevant organization or movement into regional branches of a political party, on the formation of its leading and control and audit bodies.

5. Document confirming payment of state duty.

6. A copy of an all-Russian periodical printed publication in which information about the place and date of the founding congress of the party is published.

7. Information about the address (location) of the permanent governing body of the political party, through which communication with the political party is carried out.

8. Copies of minutes of conferences or general meetings of regional branches of the party held in more than half of the constituent entities of the Russian Federation. The minutes of conferences and meetings of regional branches of the party must contain instructions on the number of party members. This information must comply with the requirements set by law for the number of regional branches (at least 500 members, in most constituent entities of the Russian Federation). The decisions of the party congress and the minutes of conferences of its regional branches necessary for registration must be certified by their authorized representatives.

The forms of documents used for state registration of a public association (including a party) are approved by Order of the Ministry of Justice of Russia dated December 5, 2003 No. 310, which contains a number of additional requirements for the application form (in particular, it is stipulated that it should be submitted to notarized, and not in simple written form by filling out a form).

In the case of transformation of a public organization or social movement into a political party, the list of documents submitted for state registration is somewhat different. Firstly, since in this case the party will be officially considered created from the moment of its registration, all Required documents are accepted on behalf of the public association being transformed and submitted to the registration body by its representatives. Secondly, it is necessary to additionally attach the deed of transfer of a public organization or social movement to the list of documents.

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

– 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 social movement, or an authorized body of the party on the creation (transformation) of regional (territorial) branches of a political party;

– a copy of the document on state registration of the political party certified by authorized persons of the political party;

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

– 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 regional branch, as well as the location of its governing bodies;

– document confirming payment of state duty;

– 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 is carried out;

– list of members of the regional branch of a political party.

The list of documents required for registration, defined in Articles 16 and 17 of the Federal Law “On Political Parties”, is exhaustive - the justice body does not have the right to require the submission of other documents for registration.

Samples of documents required for state registration of a political party and its regional branch by the federal authorized body (Rosregistration) are posted on a special website in the public information and telecommunications network.

On what grounds can a party be denied registration?Is it possible to appeal a refusal to register?

IN ACCORDANCE WITH ARTICLE 20 of the Federal Law “On Political Parties,” a political party may be denied state registration on a number of grounds:

1. The provisions of the charter of a political party contradict the Constitution of the Russian Federation, federal constitutional laws, the Federal Law “On Political Parties” and other federal laws (contradictions of the charter with the laws of the constituent entities of the Russian Federation and by-laws are not grounds for refusal). As practice shows, such contradictions are most often expressed in the presence in the charter of provisions that are incompatible with the status of the party, in violation of the principles of the creation and activities of political parties, in the presence of legal gaps on issues that, in accordance with paragraph 2 of Art. 21 of the Federal Law “On Political Parties” must be regulated by the party charter, as well as insoluble internal contradictions of the charter.

2. The name and (or) symbols of a political party do not comply with the requirements of Articles 6 and 7 of the Federal Law “On Political Parties”. The discrepancy may be expressed in a violation of the ban on using in the name of a political party the names of state authorities and local government, indications of signs of nationality or religious affiliation, as well as the name and surname of a citizen. The name of the party may indicate the presence of signs of extremism in its activities.

3. The documents required by law for state registration of a political party have not been submitted. Failure to provide documents required by law, in our opinion, should be interpreted only as failure to provide a complete list of documents. However, it is necessary to distinguish submitted documents that have technical errors in their design from documents adopted in violation of the legally established procedure (in this case, such a document cannot be recognized as valid).

4. The federal authorized body has established that the information contained in the documents submitted for state registration of a political party does not comply with the provisions of the Federal Law “On Political Parties”.

5. There is a violation of the deadlines established by the Federal Law “On Political Parties” for the submission of documents necessary for its state registration.

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

1. The documents required in accordance with the Federal Law “On Political Parties” for state registration of the regional branch of a political party have not been 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 Federal Law “On Political Parties”.

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 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 of state registration. registration of this political party or its regional branch.

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 re-submitted documents and decisions on them are carried out in the manner prescribed by the Federal Law “On Political Parties” for state registration of a political party or its regional branch.

Can a local branch of a political party have the rights of a legal entity?

YES MAYBE. THE FEDERAL LAW “On Political Parties” provides for the possibility of granting the rights of a legal entity not only to a regional branch, but also to another structural unit of a political party, including its local branch. The possibility of granting such a right to a local branch must be provided for in the charter of a political party. State registration of such a structural unit is carried out in the manner prescribed for state registration of a regional branch of a political party (Clause 8, Article 15 of the Federal Law “On Political Parties”). In this case, the local branch is subject to the requirements established for state registration of regional branches of a political party, with the exception of paragraphs of the second and third paragraph 2 of Article 3 of the Federal Law “On Political Parties” (in terms of requirements for the number of local branches and the impossibility of creating several branches in the territory one subject of the Russian Federation).

It is important to remember that granting a structural unit of a party the status of a legal entity (the right to enter into civil contracts, have a current account, be a plaintiff and defendant in court) does not entail the right of its independent participation in elections, the issue of which should be provided in the party charter registered separately. Situations are possible in which the local branch of a party, which is a legal entity, does not have the right to independently participate in elections, and the opposite situation: a structural unit has the right to participate in elections, but does not have the status of a legal entity. In the latter case, information about such structural units must be submitted annually to the territorial bodies of Rosregistration in the manner established by paragraphs. "b" clause 1 art. 27 of the Federal Law “On Political Parties”.

What to do if, after the congress adopted the charter and program, errors were discovered

TO ANSWER this question CORRECTLY, it is necessary to accurately understand the nature of the error and the moment of its detection. Thus, technical errors contained in the party charter (violations of spelling and punctuation rules, repetitions of words, inconsistency of cases, failures in the numbering of articles and clauses of the charter) can be corrected after the adoption of the charter, but before the submission of documents for registration.

It’s another matter when the charter contains internal contradictions or legal gaps on issues that must be regulated by law. Such errors are usually the result of insufficient elaboration of documents or unsuccessful compromises: amendments proposed at the party congress are adopted “by vote”, without preliminary elaboration. Subsequently, when the legal inconsistency of individual formulations is revealed, the opportunity to correct them is already lost. In these cases, correcting errors requires convening a new party congress: otherwise, the threat of refusal of registration is more than real.

The program of a political party is presented solely for information: errors and inaccuracies contained in it cannot serve as grounds for refusal of state registration. The federal authorized body is also prohibited from requiring a political party to make any changes to its program. The only exception is the presence in it of provisions defining as the goals or actions of the party a violent change in the foundations of the constitutional system and violation of the integrity of the Russian Federation, undermining the security of the state, the creation of armed and paramilitary forces, and inciting social, racial, national or religious hatred.

In what cases is the registration of political parties canceled?

CANCELLATION OF THE RECORDING OF REGISTRATION OF A POLITICAL PARTY IS CANCELLED IN THE EVENT If, after registration of the political party, regional branches are not created in a timely manner. In accordance with paragraph 4 of Art. 15 of the Federal Law “On Political Parties”, state registration of regional branches of a political party is carried out after 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 parties.

If a political party, within a month from the date of expiration of the specified six-month period, does not submit to the federal authorized body (Rosregistration) copies of documents on state registration of its regional branches in more than half of the constituent entities of the Russian Federation, the document on state registration of the political party is considered invalid, and the record of the creation of this political party is excluded from the unified state register of legal entities. These deadlines 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 legal force (Clause 7, Article 15 of the Federal Law “On Political Parties”).

The democratic structure of society presupposes the energetic participation of all its members in social and political life. This means that people can not only vote for proposed parties in elections, but also create personal ones in order to participate in lawmaking themselves. In Russia, creating and registering a political party is not very easy. During the creation process, you will have to overcome many bureaucratic and legal obstacles. However, with some persistence and knowledge of the basic necessary steps, this task is absolutely solvable.

Instructions

1. The process of creation and registration of political parties in Russia is regulated by Federal Law of June 11, 2001 No. 95-FZ “On Political Parties” (http://base.garant.ru/183523/). It defines the main provisions on what the design of the party should be, the name and symbols, as well as the process of its registration and the list of necessary documents. Consequently, the creation of a party must begin with a careful comprehension of this law.

2. For the party to function successfully, it will require many followers. For example, for official registration, the Federal Law “On Political Parties” requires the recruitment of at least 100 thousand party members. But even if your future organization is still a long way from achieving such a scale, do not be discouraged. A party can exist without being registered. In our country there is a fairly large number of unregistered political parties and organizations that are successfully carrying out their activities. The main thing is that the party has a clear structure and broad social assistance.

3. The creation of every party begins with the founding congress. It does not require any permission from government agencies. The party is considered established from the moment the founding congress makes the corresponding decision and statement of the party program and its charter.

4. Delegates to the founding congress act as founders of a political party. After official creation they become its members. In some cases, political parties are not created from scratch, but are transformed from already existing social organizations or movements. In this case, the moment of creation of the party is considered to be the day the corresponding entry is made in the integral state register of legal entities.

5. The structure of a political party includes a central management committee and territorial branches. Consequently, for successful activities, you need to be diligent in spreading the power of the party to as many regions of the country as possible, attracting new followers and sympathizers. The wider the network of territorial offices, the more invisible the impact of the organization's activities will become and the easier the registration process will be later.

Democracy, as a form of political structure of the state, assumes the feasible participation of all its citizens in political and social activities. In fact, this means that a citizen has the right not only to choose, but also to be elected, by resorting to the creation of certain political structures - parties or movements.

Instructions

1. New political parties are not the easiest thing, especially in Russia, where on the way to creating such a structure you will inevitably encounter various bureaucratic and legal obstacles. Remember that with determination and ownership necessary information, it is absolutely doable. The creation of a party begins with comprehension of the main document - Federal Law No. 95-F3 “On Political Parties” of June 11, 2001. It regulates the process of creating and registering a party, determining what its design, symbols and name should be, a package of necessary documents and the procedure for registration. Begin the creation of your party by carefully comprehending this law.

2. The party cannot exist without its members, so enlist the help of the population. You need a lot of followers - to register a party, according to the law “On Political Parties”, you need 100 thousand people with party cards of your design. However, in the Russian Federation there are a lot of party organizations that operate not as the “Whole Russia” party, but as unregistered political structures. The main thing is that you are obliged to provide your brainchild with a clear design and support from wide sections of society. Officially, your political party will begin its existence from the moment the founding congress is held. Remember, you do not need to obtain permission from government structures to convene it. As soon as you make a decision at the founding congress on the creation of the party, its charter and political program, your party will be officially considered made.

3. The founders of a political party are considered to be the delegates to the founding congress, who, after the creation of the party, become its members. This is how, say, the Right Cause party began. Alternatively, a political party can be created on the basis of already existing associations or movements, and in this case the party arises together with the corresponding entry in the comprehensive state register of legal entities. Do not forget that the main thing is to achieve broad support among the population, then it will be much easier to register easier. To do this, you must draw up the appropriate party structure - in addition to the central management committee, you need territorial branches. They will help attract followers in different regions of the country. Expand your network of territorial offices and you will expand the impact of your organization.

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Helpful advice
The Federal Law “On Parties” contains a complete list of documents required for submission to state registration authorities. It is necessary to take into account that depending on the initial conditions of registration (creation of a new party or reform of an existing social organization into a political party), the set of documents will be different.

A political party is a public organization that serves as a support for presidential and deputy candidates at the federal, regional and municipal levels. Often a party has greater opportunities than other organizations to influence popular opinion.

IN step by step instructions The Aspect Legal Center will talk about the legal status of a political party in 2018, how and within what time frame to register a party, what documents will need to be submitted and where.

1. What is the legal status of a political party?

The 1993 Constitution, in contrast to the norms that had been in force for 70 years, declared the Russian Federation a multi-party state in which only those public associations are prohibited whose actions are aimed at violating the law and are dangerous to the lives of other people. A political party is a representative form of citizen participation in governing the country.

1.1. A political party is allowed:

• participate in the leadership of the country, individual federal entities and municipalities through elected deputies;
• attend plenary sessions of legislative bodies once a year in the absence of elected party representatives;
• propose party members or the party itself as candidates in elections at all levels;
• independently determine ways to achieve popular loyalty and gain power;
• organize events to increase people's political literacy;
• use your own funds mass media;
• collect and disseminate the opinions of citizens on all public issues;
• defend party members in court, prosecutors and other organizations;
• engage in commercial activities that do not contradict the goals of the party;
• unite with Russian and foreign public organizations.

The difference between a political party and a commercial organization is the absence of obligations: party members do not pay the party’s debts, and all funds and property transferred to the party become the property of the party. Also, a political party cannot be recognized.

1.2. A political party must operate under the following conditions:

• have branches in 43 or more regions of the Russian Federation with a total number of party members of at least 500 people, adults and with Russian citizenship (previously 50 thousand members were required);
• publish its charter and program in the public domain;
• ensure diversity of the list of candidates for deputies based on professional, gender and nationality;
• allow the presence of government officials at open party events.

These requirements are aimed at maintaining maximum transparency political activity public association and ensuring free access for everyone to join the party. There are no such requirements for business companies.

1.3. A political party is prohibited from:

• locate management and divisions outside of Russia;
• hold unapproved public events, including those related to elections;
• force people to join the party;
• admit into the party citizens who are already members of another party.

There is also a general prohibition on violating Russian laws and strangers constitutional rights and freedom.

The legal status of a political party is emphatically democratic and allows representatives of the most popular worldviews to participate in public administration. The leading parties in the election results are provided with state financial support, and conditions are created for covering their activities in the media.

2. What documents will be needed?

Registration of a political party requires an expanded list of documents compared to registration of other legal entities.

2.1. Standard documents include:

• application in form No. Р11001, which indicates the passport and contact details of the applicants, as well as the address at which contact with the party is carried out;
• the charter of a political party, drawn up in accordance with increased requirements: one printed copy and two stitched and numbered copies (usually a paper indicating the number of sheets in the document, the signature of the applicant and the seal of the party is glued to the place of fastening);
• the decision of the founding congress on the creation of the party, confirmed by a protocol indicating all delegates from 43 regions (at least two delegates from each) and the distribution of votes (50% + 1 is sufficient);
• payment order for payment of state duty in the amount of 3,500 rubles (and 3,500 rubles for each regional branch).

The charter is the key document for registering a political party. It must be adopted by a majority vote in the presence of a quorum, i.e. in the presence of delegates from 43 or more regions. The charter must cover the following issues:

• purpose of creation and subject of activity;
• legal status of party members, grounds for joining and expulsion from the party, maintaining statistics on membership;
• management structure of the party and its regional branches, including financial issues;
• ways to participate in public administration;
• name and location of the party. The following requirements are imposed on the name of the party: it should not be similar to names already used by someone, including proper names, and should not be offensive to anyone; unlike other legal entities, a party can use a reference to the Russian Federation in its name.

2.2. Specific documents submitted for registration of a political party include:

• the program of a political party, which indicates its goals and objectives, principles and methods of functioning;
• a newspaper distributed throughout Russia, with an announcement about the holding of a founding congress (usually Rossiyskaya Gazeta is used for these purposes, because its publications are free, but there is also a minus - advertisements must be submitted there at least a month and a half before the congress, including 2 weeks for publication and mandatory warning one month in advance);
• minutes of meetings of 43 or more regional branches indicating the number of party members.

2.3. Registration of a party may be suspended for up to 3 months due to non-compliance of the submitted documents with legal requirements. If the reasons are eliminated as quickly as possible, the registration process is resumed.

The reasons for refusal of registration are standard:

• potential violation of constitutional, civil (including intellectual property rights), administrative or criminal legislation (extremism is highlighted separately);
• provision of documents not in full, late and/or in violation of the order of registration (the latter does not apply to the content of the political program).

The dates of all documents must correspond to the dates specified in other documents submitted.

3. When and where to apply to register a party?

Unlike other legal entities, registration of a political party is not permissive, but notifying in nature, i.e. the party begins its existence from the moment when the decision to create it was made. By the time such a decision is made, the required number of supporters must be recruited (from two or more candidates for party membership in 43 or more regions, with a total number of at least 500 people). At the same time or immediately after the decision to create a party is made, the following issues must be resolved:

• on the content of the charter and political program;
• on the formation of regulatory, executive and supervisory bodies of the party.

The decision to establish a party is made at a congress organized by a special committee of 10 people. Since holding meetings without notifying the authorities is punishable by administrative fines of 10 thousand rubles under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, it is necessary to notify the Ministry of Justice about the future founding congress. The notice is sent with a delivery estimate no later than 10 calendar days before the congress, but not earlier than 15 calendar days. Address of the Ministry of Justice in Moscow: Zhitnaya street, building 14, for postal items indicate the index 119991, city service post office No. 1. Attached to the notice:

• passport and contact details of 10 members organizing the founding congress;
• minutes of the committee meeting defining the boundaries of responsibility of its members and the procedure for resolving financial issues.

Within a month after the Ministry of Justice receives a notice, the committee is obliged to publish a corresponding announcement in Rossiyskaya Gazeta, and, if desired, in additional media (preference is given to printed publications).

Documents for registration of a political party are submitted to the Federal Tax Service inspection through the Ministry of Justice within six months from the date of the decision on establishment. The Ministry of Justice makes a decision on state registration of a political party and submits documents to the tax office. The deadlines for completing registration actions by the Federal Tax Service are standard: 5 working days for registration and 1 working day for notifying the Ministry of Justice. The ministry, in turn, notifies the party’s organizing committee within three days.

Within two weeks after receiving an extract from the Ministry of Justice on state registration, a political party must send information about its goals and principles of activity to Rossiyskaya Gazeta. This information is also published free of charge for two weeks.

4. How do regional offices work?

Registration of regional branches of a political party is mandatory; if the number of branches is insufficient, six months after registration the party is subject to exclusion from the unified state register and disbandment. One subject of the Russian Federation can have only one regional branch, the name of which will reflect its territorial affiliation, but the number of local and primary branches is not limited.

To register a branch, you must contact the regional department of the Ministry of Justice with the following documents:

• a corresponding statement indicating the passport and contact details of the citizens who signed it;
• a copy of the decision on the creation of a territorial branch;
• a copy of an extract from the Unified State Register of Legal Entities in relation to the party;
• copies of the charter and political program;
• a copy of the minutes of the party meeting indicating the number of party members in the region with a list attached and the address of the governing bodies;
• receipt for payment of state duty in the amount of 3,500 rubles.

All copies must be certified by party leaders: either with the words “Copy is correct” with a date and signature on each page, or in stitched form with a single inscription over the seam.

The grounds for refusing to register branches are the same as the grounds for refusing to register the party itself.

The governing bodies of regional branches, as well as the entire party, are elected by secret ballot. The procedure for interaction between management bodies and resolution of financial issues is determined by the charter.

Main regulatory documents:

• The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993;
• Civil Code of the Russian Federation, part one of November 30, 1994 N 51-FZ;
• Federal Law of July 11, 2001 N 95-FZ “On Political Parties”;
• Federal Law of 08.08.2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”;
• Federal Law of June 12, 2002 N 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”;
• Federal Law of June 19, 2004 N 54-FZ “On meetings, rallies, demonstrations, processions and pickets.”

The Aspect Legal Center will help register a political party in Moscow and prepare documents for registering regional branches of a political party. It is possible for a specialist to travel to the client’s location within Moscow.

IN last years Every person who declares a desire to create a party will certainly be the first to hear the question - “How much money do you have?” Money is considered the main and almost the only condition... No, I’m lying. There is one more indispensable, universally recognized condition - administrative resource. In other words - “does the HIGHWAYS want you to create a party?” A person who answers “no” to both questions can immediately hang a “crazy” sign on his chest. 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.” It is thanks to the efforts of this outstanding figure Today in Russia we have a truly unique “multi-party system.” She has important feature, which cannot be ignored: as soon as the Kremlin says that it no longer wants - for whatever reason - to finance this or that party, it will literally disappear at the same moment, as if it never existed. Naturally, this also applies to the “most massive” party in the Russian Federation – “ United Russia" Perhaps it will disappear in this case even faster than any others - and so firmly that even its most active “members” today will not remember at all in six months that there was such a party, with a bear as an emblem...
There is only one exception to Surkov’s principle – the Communist Party of the Russian Federation.

The most surprising thing is that even very smart people consider the question of money in relation to the party to be natural. It’s clear where this is coming from: it’s a “business view.” A political party is seen as another type of “business project”. In fact, with such a question, the curious person makes it clear to us that he does not recognize politics as a separate sphere of social activity. It's just a type of business. “You never know in what ways people make money!”

The “Surkov principle” is very clearly manifested, for example, in the recently created youth branches of United Russia. In the declarations why they are needed, it is simple-mindedly and directly stated: “in this way we want to create opportunities for a “social elevator” for young people - after all, in other ways, not through the “primary”, it will be difficult for them to get into power.” Just like that. It is directly admitted that one can join the party only for the purposes of personal advancement - and why else? It is not even pretended that young careerists join the party for some abstract goals - such as “the happiness of the people”, “the fight against corruption”, etc.

Wrong, and fundamentally so. Public policy is a sphere different from business, which has its own laws that are different from the business world. The main thing you need to understand is that money is not the BASIS of public policy at all. The basis of politics is the struggle for influence, not for money. And a real politician is not looking for money, but for power.

You can understand the basic principle if you think about the motivation of those whom we don’t remember at all when talking about politics, parties, etc. It's about voters. A voter is not an employee or even a consumer. WHY does he vote? For money? This is the primitive view of “Komsomol politicians” of the Surkov school, who are famous for the fact that they always lost hopelessly in REAL elections.

The desire to view politics as a type of business has greatly spoiled and corrupted our political sphere. Actually, nothing else could be expected from the crowd of Komsomol members who made big bucks in all sorts of scientific and technological innovations, then switched to business takeovers with the help of budget money, and then to the public sphere with the same principle of “we will buy everyone.” They soon realized that the voter is not a consumer; by and large, he does not need money. Actually, this is where the Kremlin’s current desire to “close down the election shop” comes from. They just really didn’t understand “how to manage this disgrace”...

But God bless them. So - how are parties created? And what can serve as a criterion for creating a party?

Everything is simple here. The party is real when it is free. The principle of operation of a real party is directly opposite to the principle of a successful business structure: the party lives on the fact that its members give it more than they receive in return. A real party begins with the appearance of people who are ready to do something together and FOR NOTHING. That is, without money. Moreover, when people are ready to GIVE what they have, without any guarantee of return.
The goal is important. The goal of a party (as opposed to, say, a sect) is political influence. Penetration into the power structures of the state in order to force them to act somehow differently - in the way that party members consider correct. If the goal is achieved and a certain shift actually occurs in the policy of the state under the influence of the party, the party member feels satisfaction, although, perhaps, personally, this “shift” does not make him hot or cold, and no more money is added to his account...

A real party lets the voter do what he wants - influence politics; for this, the voter supports her, including with his money, personal time, physical and mental labor, etc.

I can hear them shouting at me again: “Utopia! Ha ha ha! That's bullshit! Give me the money! We know your wiring! Storyteller! Nowadays, no one will even scratch it without money!!...”, etc.

And yet. Only a party acting on these principles will be real. IN in a certain sense, a dozen truly FREE assistants are worth only a million “members” of United Russia. Parties for money are bullshit. If you create it, then only a FREE batch.

And - I assure you: SUCH a party will truly TERRIBLE force, which “at once” will sweep away all this current “multi-party system” from Surkov’s papier-mâché.