Constitutional law of the Russian Federation. Political system (PS) of the Russian Federation: principles of constitutional regulation. Legal status of a political party (most important)

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Constitutional law of the Russian Federation. Political system (PS) of the Russian Federation: principles of constitutional regulation. Legal status of a political party (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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20. POLITICAL SYSTEM (PS) RF: PRINCIPLES OF CONSTITUTIONAL REGULATION. LEGAL STATUS OF A POLITICAL PARTY

PS subjects - citizens with political rights, public associations (primarily political parties), the state.

Such principles of regulation of PS as ideological diversity (parts 1 and 2 of article 13 of the Constitution of the Russian Federation), political pluralism (part 3 of article 13 of the Constitution of the Russian Federation), equality of public associations before the law (part 4 of article 13 of the Constitution of the Russian Federation) are constitutionally enshrined. ), a ban on the creation and activities of public associations dangerous to society and the state (part 5 of article 13 of the Constitution of the Russian Federation).

In more detail, the legal status of political parties is determined by the Federal Law "On Political Parties".

Separately, among public associations, political parties are distinguished, created for the participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, elections and referendums, representation of the interests of citizens in state authorities and local self-government.

Basic requirements for a political party: regional offices in more than half of the constituent entities of the Russian Federation; at least 50 thousand members. The ban on the creation of regional parties and the limitation of the minimum number of party members were recognized as consistent with the Constitution of the Russian Federation by a resolution of the Constitutional Court of the Russian Federation dated February 1, 2005 No.

The activities of political parties are based on the principles of voluntariness, equality, self-government, legality and publicity.

A political party is created freely, subject to state registration as a legal entity (public association). In addition to the charter, a political party must have a program that defines the principles of the activities of a political party, its goals and objectives, methods for achieving goals and solving problems.

Only able-bodied citizens of the Russian Federation who have reached the age of 18 can be members of a political party.

In the event of a successful performance of a political party in the elections (they scored at least 3% in the elections of deputies of the State Duma in a federal electoral district, or at least 12 deputies were elected in single-mandate districts to the State Duma, or a candidate nominated by the party for the President of the Russian Federation won at least 3% of the votes ) a political party has the right to receive state financial support (from the federal budget).

Only a political party (out of all types of public associations) has the right to independently nominate candidates (lists of candidates) for deputies and other elective positions in government bodies (this rule came into force in the summer of 2003).

A political party may be liquidated by decision of the highest governing body or (in some cases) by decision of the Supreme Court of the Russian Federation.

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