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Конституционное право Российской Федерации. Право на объединение в РФ: содержание и нормативная основа (самое важное)

Lecture notes, cheat sheets

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37. RIGHT TO ASSOCIATE IN THE RUSSIAN FEDERATION: CONTENT AND NORMATIVE FRAMEWORK

In accordance with Part 1 of Art. 30 of the Constitution of the Russian Federation, people have the right to unite on the basis of common interests, goals of a cultural, political, economic nature, except for the goals prohibited by Part 5 of Art. 13 of the Constitution of the Russian Federation. The freedom of activity of public associations is guaranteed.

In accordance with Part 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any public association.

This right is regulated in more detail by the Federal Law "On Public Associations" (1995).

Public associations can be created in various organizational and legal forms - public organization, public movement, public fund, public institution, body of public amateur performance, political party. The organizational and legal forms of political public associations are a political public organization (including a political party) and a political public movement; since the summer of 2003, political public associations can operate only in the organizational and legal form of a political party. Public associations are non-profit organizations.

In the case of state registration (the decision is made by the relevant body of justice), the public association receives the status of a legal entity.

Public associations can create their own mass media, political public associations participate in elections.

A public association may be liquidated either by decision of the founders (participants) or by a court decision that has entered into force.

Public organization - organizational and legal form of a public association based on rigid membership.

Social movement - organizational and legal form of a public association, not based on rigid membership.

Public fund - the organizational and legal form of a public association, intended for the accumulation of material resources for their subsequent use for statutory (non-commercial) purposes.

A public institution is an organizational and legal form of a public association designed to provide free assistance to the population.

Public associations such as trade unions (Federal Law "On trade unions, their rights and guarantees of activities"), children's and youth public associations (Federal Law "On state support of youth and children's public associations"), charitable organizations (FZ "On charitable activities and charitable organizations"), political parties (FZ "On political parties").

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