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Content
Introduction 2
1. State and political parties: basics of interaction 3

1.1 Political party: concept, essence, organization and functions 3
1.2 Political parties in the Russian political system 8
1.3 Constitutional parameters of interaction political parties with state 9

2. Governmental support political parties with the state 13

2.1 State support for political parties: concept, basic conditions and types 13
2.2 State funding of political parties 25

Conclusion 29
References 30

Introduction

Political parties are an integral part of the political system of a modern democratic society. A party is political public organization who fights for power or for participation in the exercise of power. What is common to all modern parties is the presence of a party apparatus. Those. an organized group of people for whom party political activity is a profession.

Party programs usually emphasize their intentions to serve the interests of certain social groups, the majority of citizens throughout the country. In practical politics, parties strive to take into account the interests of various categories of voters, since this is the only way to win in democratic elections. Organizing the electoral process is an important function of the party. Also important functions of the party are the selection and nomination of political leaders, ensuring communication between civil society and the state.

Political parties that have real opportunities to participate in the formation of government bodies, influence the internal and foreign policy countries, together make up the party system of society.

But how does the legislation of the Russian Federation regulate the legal status of political parties? What role does it assign to the relationship between the state and political parties in our country? What guarantees of support does the state establish in relation to political parties?

It was the answers to these questions that became the purpose of writing my course work. And I will try to give the most complete and reasonable explanations, and I will also try to highlight the shortcomings and contradictions of the legislation on these issues.

1. State and political parties: basics of interaction

1. 1 Political party: concept, essence, organization and functions

On July 14, 2001, the Federal Law “On Political Parties” was published and came into force. Thus, a significant step has been taken towards solving, in my opinion, the most important socio-political task associated with a clearer definition of the role of political parties and their place among the institutions of civil society.

According to the Law, a political party is defined as a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as for the purpose of representing the interests of citizens in government bodies and local governments. The law establishes the requirements for political parties: the presence of regional branches in more than half of the subjects of the Federation; the total number of members of a political party is at least 10 thousand citizens of the Russian Federation, while in more than half of the constituent entities of the Federation, regional branches of the party must have at least 100 members of the political party, and in the remaining regional branches there must be no less than 50 party members; at the same time, the governing and other bodies of a political party, all its structural divisions must be located on the territory of the Russian Federation.

A political party has the right to carry out its activities throughout the territory of the Russian Federation. According to the concept of the law in Russia, the creation and activities of interregional, regional and local political parties, as well as other political public associations, are not provided for. Within 2 years, all-Russian political public associations created before the entry into force of the Federal Law “On Political Parties” have the right to transform into political parties in accordance with the said Law. During the same period, previously registered interregional, regional and local political public associations will either be transformed into structural divisions of new political parties, or will lose the status of a political association and will act as public associations on the basis of their charters, which will be applied to the extent that does not contradict the said Federal Law.

The basic principles of the activities of political parties are legality and transparency, the freedom of parties to determine their internal structure, goals, forms and methods of activity, with the exception of restrictions established by law.

In accordance with the Law, a political party can be created at the founding congress of a political party, or by transforming an all-Russian public organization, an all-Russian social movement into a political party. To prepare and conduct the founding congress, it is envisaged to create organizing committee. In the case of transformation of an existing public association into a political party, the formation of an organizing committee is not necessary.

Political parties and their regional branches are subject to state registration and are endowed with rights in this regard legal entity. At the same time, registration of regional branches is carried out after registration of a political party and must be completed in more than half of the subjects of the Federation no later than 6 months. from the date of registration of the political party. Only after this can a political party carry out its activities in in full. Otherwise, the certificate of state registration of a political party loses its force, and the entry on its creation entered into the unified state register of legal entities is cancelled.

The law establishes that state registration of political parties and their regional branches is carried out by the federal registration authority and territorial registration authorities, respectively. The law does not contain a specific name for these bodies. However, since the Law defines a political party as a type of public association, one should proceed from the provisions of the Federal Law “On Public Associations”, which entrusts state registration all types of public associations to the Ministry of Justice of the Russian Federation and its territorial bodies.

In order to ensure democratic principles in the organization and activities of political parties, the Law provides for requirements for their charters. Compliance with these requirements will ensure the election and replacement of governing bodies of political parties, as well as a democratic decision-making procedure, including when nominating candidates during elections to state authorities and local governments.

According to the Law, membership in a political party is voluntary, fixed and individual. Citizens of the Russian Federation who have reached the age of 18 can be members of a political party. Foreign citizens, stateless persons, and persons declared incompetent by a court are not entitled to be members of a political party. Restrictions on the right to join political parties or the obligation to suspend membership in a political party may be established for certain categories of citizens of the Russian Federation by federal constitutional laws and federal laws. A member of a political party can be a member of only one regional branch of a given political party - at the place of permanent or primary residence of Lapaev V.V. // Journal of Russian Law 2002, No. 1 P. 26.

Since political parties play a special role in organizing electoral processes, the Law establishes that political parties are the only kind public associations that have the right to independently nominate candidates for elections to government bodies. At the same time, the criteria are determined according to which a party is recognized as participating in the elections. If, within 5 years after the creation of a party, its participation in elections does not meet the established criteria, such a political party is subject to liquidation.

The law also provides for other grounds for the liquidation of a political party, as well as grounds for suspending its activities.

Without belittling the enormous positive role that the new Federal Law should play in improving socio-political relations, one cannot fail to note a number of internal contradictions contained in the Law, which may give rise to certain problems in practice.

The law prohibits the creation and activity on the territory of the Russian Federation of political parties of foreign states and structural divisions of these parties. Foreign citizens and stateless persons have no right to be members of Russian political parties. At the same time, the Law allows political parties to establish and maintain international relations with political parties and other public associations of foreign countries, and to enter into international unions and associations. It seems that such rights nullify the above prohibitions and restrictions Sidorenko E. // Russian Justice 2001, No. 10 P. 15.

Similarly, the right of political parties to create associations and alliances with other public associations, including entering into electoral blocs with them, does not fit well with the ban on the creation of political parties based on professional, racial, national or religious affiliation, since there are no such restrictions for public associations installed.

A very significant innovation of the Federal Law “On Political Parties” is the assignment of duties to registration authorities to monitor compliance by political parties, their regional branches and other structural units with the legislation of the Russian Federation. According to the Federal Law “On Public Associations”, oversight of compliance by political public associations and their structural divisions with the law was carried out by the prosecutor’s office.

Article 38 of the Federal Law “On Political Parties” also gives registration authorities the right to submit to the court applications for the suspension or liquidation of a political party, its regional branch or other registered structural unit. Previously, in accordance with the Federal Law “On Public Associations”, such a right was granted to the Prosecutor General of the Russian Federation and prosecutors of the relevant constituent entities of the Federation.

Speaking about the tasks that registration authorities will have to solve in connection with the entry into force of the Federal Law “On Political Parties,” we should pay attention to one very significant aspect of the matter. Within 2 years, along with the registration of newly formed political parties, there will be a re-registration of already existing political public associations, which will decide to transform into political parties. After the expiration of the specified period, an all-Russian political public association that has not transformed into a political party loses the status of a political public association and acts as an all-Russian public organization or an all-Russian social movement on the basis of the charter, which is applied to the extent that does not contradict the Law “On Political Parties.”

1. 2 Political parties in the Russian political system

The political system is part of the political sphere, an integrated set of state and non-state institutions that exercise power, manage the affairs of society, regulate relations between social groups, ensuring stability and a certain social order.

Political System of Society - trade unions and other organizations and movements pursuing political goals, as well as norms, political traditions and attitudes.

They often also talk about the political system in the broad sense of the word (about the political organization of society), in order to take into account the presence and action in society of institutions and forces that are not only involved in power structures, but also in apposition to the currently existing authorities.

The most reactionary and aggressive of all bourgeois parties was Hitler's Fascist Party (National Socialist Party of Germany). This party is an example of personality cult parties. In the USSR, the CPSU was similar to it. Although the CPSU was conceived as a party to change the country for the better.

If I.V. had not come to power. Stalin, then the changes conceived by V.I. Lenin might have accomplished it. And now, if Russia had not overtaken, it would have been at the level of development of Western European countries and the United States.

Now, with the adoption of the Law “On Political Parties,” a limit has been placed on the fragmentation of political forces, the artificial creation of many “dwarf” political associations, “fly-by-night” parties. Isn’t it significant that today 58 political parties, 36 political organizations and 105 political movements are registered at the federal level alone? And in the regions the statistics are even more impressive. There political associations already number in the thousands. There is a situation about which the prominent Russian politician Vasily Vitalievich Shulgin caustically ironized at the beginning of the last century, who wrote: “Where three Germans gather, there they sing a quartet... but where four Russians gather, there they found five political parties. .."

The law obliges the federal registration body to annually publish a list of political parties and their regional branches as of January 1 in all-Russian periodicals and post this list on the already mentioned special website in the public information and telecommunications network, indicating the date of registration of each political party and each regional branches of a political party. Consolidated financial reports of political parties, contact numbers of permanent governing bodies of political parties and their regional branches, and other information are also posted annually. open information about political parties.

1. 3 Constitutional parameters of interaction between political parties and the state

The Russian Federation recognizes political diversity and a multi-party system. Based on this constitutional principle, the state guarantees the equality of political parties before the law, regardless of the ideology, goals and objectives set out in their constituent and program documents.

The state ensures compliance with the rights and legitimate interests of political parties." Preamble of the Federal Law "On Political Parties".

The creation and activities of political parties whose goals or actions are aimed at violently changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred is prohibited. The activities of political parties should also not violate the rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation and federal laws.

One of the goals of the Law “On Political Parties” is associated with the principles of political diversity and multi-party system enshrined in the Constitution of the Russian Federation (Part 3, Article 13). In this case, two circumstances attract attention. Firstly, not all constitutional provisions relating to political parties are identified in the preamble as the initial basis for the legal regulation of a multiparty system. The Constitution of the Russian Federation does not contain special provisions establishing constitutional legal status political parties. However, since political parties are interpreted in the Law as a type of public association, Art. 3 ibid., they are subject to the norms defining the constitutional and legal status of public associations. We are talking about the provisions of the Constitution that enshrine the freedom of activity of public associations (Article 30), the equality of public associations before the law (Part 4 of Article 13), the ban on the creation and activities of public associations whose goals or actions are unconstitutional in nature (Part 5 Art. 13).

It follows that the guarantees of equality of parties before the law, designated as the goals of this law, are a concretization not so much of the principles of political diversity and multi-party system, but of the constitutional provision on the equality of public associations before the law (Part 4 of Article 13), as well as the constitutional principle of ideological diversity ( Part 1, Article 13), since the preamble of the Law deals with the equality of parties, regardless of the ideology, goals and objectives set out in the party program. The fact that the principles of political diversity and multi-party system are indicated in the preamble of the Law in an inappropriate context and were not adequately specified in it was not the result of a legal and technical error by the legislator. The legislator's conscious orientation towards such an approach to the interpretation of these principles can be seen quite clearly in a number of provisions of the Law, and, above all, in the legislative definition of a political party enshrined in Art. 3.

Another point that deserves attention is that the provision of the preamble on “equality: parties before the law, regardless of the ideology, goals and objectives set out in their constituent and program documents” is not consistent with the system of provisions of the Constitution of the Russian Federation relating to political parties. An analysis of these provisions in their systemic relationship indicates that the equality of parties (as well as other public associations) before the law, as well as their freedom to choose their ideological guidelines, is limited in the Constitution by certain conditions enshrined in Part 5 of Art. 13 (where “the creation and activities of public associations are prohibited, the goals or actions of which are aimed at violently changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred”). Without such reservations, the corresponding provision of the preamble of the Law “On Political Parties” distorts the legal meaning of the constitutional and legal status of political parties as a special type of public associations.

When formulating the second goal of the Law, “ensuring respect for the rights and legitimate interests of political parties,” the legislator speaks only about the rights and interests of parties. At the same time, there is no indication of their responsibilities to society and the state and, above all, the obligation to act within the framework of those constitutional and legal restrictions imposed by Part 5 of Art. 13 of the Constitution of the Russian Federation. This approach may lead to a distortion of the legal status of political parties, which should be based on an appropriate balance of rights and obligations.

In my opinion, taking into account the fact that the Constitution of the Russian Federation does not contain any special provisions on political parties, the preamble of the Law “On Political Parties” should list all the provisions of the Constitution of the Russian Federation related to political parties, indicating that the purpose of the Law is to ensure constitutional principles of political diversity, multi-party system, freedom of activity of political parties, equality of political parties before the law, as well as guarantees of their constitutionality in the sense of Part 5 of Art. 13 of the Constitution of the Russian Federation.

Of course, not all of the above-mentioned shortcomings of the preamble had a negative impact on the text of the Law. In general, we can say that its legal potential is significantly higher than the very limited legal meaning that is present.

2. State support of political parties with the state

2.1 State support for political parties: concept, basic conditions and types

Federal government bodies, government bodies of constituent entities of the Russian Federation and local governments provide support on equal terms to political parties, their regional branches and other structural units by: ensuring equal conditions and guarantees of access to state and municipal media; creating equal conditions for the provision of premises and communications facilities that are in state and (or) municipal ownership, on terms similar to the conditions for their provision by state and municipal institutions; ensuring equal conditions for participation in election campaigns, referendums, public and political events, Article 32 of the Federal Law “On Political Parties”.

The provisions of Article Art. The 32 laws on political parties regulating state support were not formed empty space. A number of federal laws of the Russian Federation contain norms obliging the state to provide support to public associations during elections of deputies and referendums. So, in Art. 50 of the Federal Law “On the Basic Guarantees of Electoral Rights and the Rights to Participate in Referendums of Citizens of the Russian Federation” states that the state provides citizens of the Russian Federation, public associations, and political parties with free campaigning during elections and referendums in accordance with the current Russian law.

It should be emphasized that in Art. 50-54 of this Law specifically covers general issues of election campaigning on the channels of television and radio broadcasting organizations, in periodicals, and through public events.

State support for electoral associations and electoral blocs is discussed in Art. 58 Federal Law “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation.” This article establishes that state bodies and local self-government bodies are obliged to provide assistance to registered candidates, electoral associations and electoral blocs.

An equal right of access to state information resources is established for citizens, state authorities, local governments, organizations and public associations Art. 12 Federal Law “On information, informatization and information protection”.

In paragraph 1 of Article 32 of the Law “On Political Parties”, everything positive that has been accumulated by federal legislation in the field of providing support for public associations and political parties was cast into full-fledged legal norms, the basis of which was the formula: federal government bodies of the constituent entities of the Russian Federation, local government bodies provide support on equal terms to political parties, their regional branches and other structural units.

Legal forms of interaction between political parties and the state in a concentrated form express the most essential characteristics of the relationship between civil society and the state, the population and the authorities. This problem is especially significant for modern Russia, where a multi-party system develops not so much thanks to independent political activity society, but as a result of targeted efforts of the state, focused on accelerated political modernization and interested in creating an orderly and controlled political space.

Legislative interaction strategy Russian state with political parties received its normative expression in the adopted Federal Law “On Political Parties”. The legal analysis of this law is the key to understanding the real strategy of interaction between society and the state, which is currently emerging as a result of compromises between the legislative and executive branches of government.

“Interference by public authorities and their officials in the activities of political parties, as well as interference of political parties in the activities of public authorities and their officials, is not allowed” clause 1, article 10 of the Federal Law “On Political Parties” of 2001. This wording seems incomplete (or rather, incorrect), since it does not take into account the obvious right of the state to regulate the processes of creation and activities of political parties. The formulation of a similar norm of the Federal Law “On Public Associations” is more correct: “interference by public authorities and their officials in the activities of public associations, as well as interference of public associations in the activities of public authorities and their officials, is not permitted, except in cases provided for by law" Part 1 Article 17 of the Federal Law "On Public Associations" 1995, No. 82. It follows that by this kind of interference the legislator understands all forms of state influence on the activities of public associations and forms of influence of public associations on the activities of government bodies that are not provided for by the Federal Law “On Public Associations”. Obviously, the content of paragraph 1 of Art. should be interpreted in the same sense. 10 Federal Law “On Political Parties”.

The prohibition on interference of political parties in the activities of public authorities and their officials follows from Art. 3 of the Constitution of the Russian Federation, according to which the only source of power in the Russian Federation is its multinational people, and no one can appropriate power in the Russian Federation. This norm is aimed at protecting the executive, legislative and judicial authorities, designed to express the interests of the people, from pressure from parties expressing the political interests of certain social strata. The interference of political parties in the activities of state bodies and officials should be regarded as a mixture of state and public functions, which is fraught with the appropriation of power by parties. On the other hand, the ban on interference by government bodies and their officials in the activities of political parties should serve as a guarantee of the implementation of constitutional provisions on multi-party system, freedom of activity of political parties, and their equality before the law.

“Persons holding state or municipal positions, and persons in state or municipal service, do not have the right to use the advantages of their official or official position in the interests of the political party of which they are members, or in the interests of any other political party” paragraph 3 of Art. . 10 Federal Law “On Pol. parties". The Law on Parties does not disclose what exactly may be the use by these persons of the advantages of their official or official position in the interests of political parties. Of course, in this matter, law enforcement practice can, based on the analogy of the law, be guided by the disclosure of the concept of “using the advantages of official or official position” in paragraph 5 of Art. 28 Federal Law “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” and in similar provisions of other federal electoral laws. However, these norms (which, by the way, need to be supplemented) are designed only for situations of election campaigns. And the fact that the Law on Parties does not list the main forms of using official or official position in the interests of political parties should be considered a gap in legal regulation.

Before the adoption of the Law on Parties, the corresponding norms of election legislation and legislation on state and municipal services were in force (and continue to be in force) in this area of relations. In relation to registered candidates holding government positions of category “A”, there is a ban on them taking advantage of their official position in the interests of political parties. Similar norms are contained in the electoral legislation of the constituent entities of the Russian Federation in relation to officials holding municipal positions of category “A”. Election legislation imposes more stringent requirements on candidates in state and municipal service: for the duration of their participation in elections, they must be relieved of their official duties.

Along with this, the legislation on state and municipal services enshrines the principle of their non-partisanship, clause 11, article 5 of the Federal Law “On the Fundamentals of Civil Service of the Russian Federation” and clause 9, article 5 of the Federal Law “On the Fundamentals of Municipal Service in the Russian Federation” and contains norms according to which state and municipal employees are prohibited from using their official position in the interests of political parties to promote attitudes towards them.

The law indirectly allows for the possibility of membership in political parties for persons holding state or municipal positions, and for persons in state or municipal service. This follows from the wording of the Law, which prohibits these persons from using “the benefits of their official or official position in the interests of the political party of which they are members.” Such an assumption is unlawful. The fact is that resolving the issue of the possibility of membership in political parties for this category of persons does not relate to the subject of regulation of the Federal Law “On Political Parties”. In the legislation regulating the legal status of this category of persons, this issue has not received a clear legal solution.

The Federal Law “On the Fundamentals of Civil Service...” does not contain a direct reference to the possibility for persons in the civil service to be members of political parties. However, the fact that in relation to certain categories of civil servants (for example, employees law enforcement, military personnel, etc.) the legislator provided a direct ban on membership in any party, which means that other categories of civil servants can be members of parties. Using the analogy of the law, we can say that the current legislation also allows municipal employees to be members of political parties. In relation to persons holding public positions of category “A”, this issue should be resolved in special regulations that establish their legal status. The mere absence in federal legislation of a ban on party membership for officials (including the President of the country) does not mean that they have the right to be members of parties, since the legal principle “everything that is prohibited” applies to persons holding public office not expressly permitted by law." Therefore, the absence of direct legislative permission or prohibition in these cases should be considered a gap in legal regulation that cannot be filled by the Law on Parties.

The executive branch, according to the Constitution, is not formed along party lines. It is quite obvious that these two are fundamentally different approaches: it is one thing when officials act as persons authorized by society to pursue a certain party line in the activities of executive power structures, and quite another when officials who came to the executive power not at all on the basis of their belonging to a party supported by society begin to create parties themselves with the goal strengthening and maintaining their power.

The current Russian bureaucracy, creating the so-called parties of power, actively participates in the formation (and therefore in the implementation) of legislative power, which contradicts the model of separation of powers enshrined in the Constitution of the Russian Federation. In addition, as a result of such “party building”, the preconditions are created for the monopoly of the “party in power”, which contradicts the constitutional principle of a multi-party system. An adequate legal response to such political practice would be to legislate the obligation of persons holding public positions of category “A” in the structures of the executive branch to suspend their membership in political parties for the period of performance of their official powers.

This requirement should also apply to the President of the Russian Federation. In this sense, we cannot agree with the use of a very dubious legal construction in the Law on Parties, which allows that the President of the Russian Federation can be a member of a political party. “The President of the Russian Federation has the right to suspend his membership in a political party for the period of exercise of his powers” paragraph 4 of Article 10 of the said Law. Meanwhile, the question of the possibility of membership of the President of the Russian Federation in a political party requires a special legal solution.

However, the fact that at present this issue is not regulated by law does not mean that the President of the Russian Federation can be a member of the party, since in such cases the legal principle “everything that is not directly permitted by law is prohibited” should apply. The decision on the issue of party membership cannot be left to the discretion of the President of the Russian Federation due to the fundamental nature of this issue for the system of state power in the country, which has not yet functioned in a situation where the President of the Russian Federation would be a member of one or another party. As an example, we can cite the fact that the constitutions of the Republic of Adygea and the Republic of Buryatia enshrine the obligation of the president of the republic to suspend party membership while exercising his powers.

The considered ban on the use by persons holding state and municipal positions and in state and municipal service of the advantages of their position in the interests of political parties is intended not only to serve as a guarantee of the principle of democracy enshrined in Art. 3 of the Constitution of the Russian Federation, but also has as its goal the implementation of what is enshrined in Part 4 of Art. 13 of the Constitution of the Russian Federation the principle of equality of public associations before the law. In relation to political parties, the implementation of this principle means, first of all, the need to create equal legal conditions for fair political competition.

Directly related to the problem of implementing the constitutional principle of equality of parties is the question of the possibility of combining the position of the head of a state executive body with a leadership position in a political party. This issue partially found its legislative resolution in Part 2 of Art. 11 of the Federal Law “On the Government of the Russian Federation”, according to which members of the Government of the Russian Federation do not have the right to hold positions in public associations (hence, in political parties, which, according to Part 1 of Article 3 of the Law, are a type of public association). But in the current Russian legislation there is a similar ban, intended not only for members of the Government of the Russian Federation, but also for a wider range of officials. This is a ban on “combining the position of head of a state body of power and administration with any other position, including in political and socio-political organizations,” contained in the Resolution of the First Congress people's deputies RSFSR.

True, currently political elite It is advantageous to consider the norms of this resolution ineffective, since such a combination of positions has become widespread in political life. However, no one canceled the resolution of the Congress. According to Part 2 of the Final and Transitional Provisions of the Constitution of the Russian Federation, “laws and other legal acts in force on the territory of the Russian Federation before the entry into force of this Constitution are applied to the extent that does not contradict the Constitution of the Russian Federation.” It is obvious that the norm in question, contained in the normative act of the country's highest legislative body, is fully consistent with the principle of separation of powers enshrined in the Constitution.

In an effort to circumvent existing legal prohibitions, political practice has proposed such an interpretation of the leadership position in the party, which does not include the activities carried out by the so-called party leader V.V. Lapaev. // Nezavisimaya Gazeta, 2000, October 28. . With this approach, leadership is seen as the performance of functions not related to holding a party position (which seems incorrect). As practice shows, the scope and actual content of the rights and obligations of the party leader, as a rule, are no different from the legal status of the person holding the position of party leader (it is the party leader who decides the main organizational, personnel, financial and other issues that fall within the competence of the party leader as an official in a public association). Due to the public nature of the political process, public recognition of a person as a party leader is tantamount to public recognition of his leadership status. It is the public recognition of the leadership status in the party of a particular party leader that allows him to use his official position in the interests of his party.

As noted in paragraph 3 of Art. 10 of the Law on Parties, persons holding state or municipal positions or being in state or municipal service, “with the exception of deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of other legislative (representative) bodies of state power and deputies of representative bodies of local self-government, cannot be associated decisions of a political party in the performance of their official or official duties.” In the formulation of this norm, attention is drawn to the clause regarding deputies, from which it follows that deputies (unlike other officials) can be bound by the decisions of the party in the performance of their deputy duties.

Here the legislator again made an assumption that in its legal meaning went beyond the scope of the Law on Parties - he admitted that deputies may be bound by the decisions of a political party in the performance of their duties, although the current legislation regulating the legal status of a deputy does not provide grounds for this . In the Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” and the corresponding legislative acts of the constituent entities of the Russian Federation, there are no norms from which it would follow that deputies are obliged to be bound by the decisions of political parties when performing their official duties.

Legislating the obligation of deputies to be guided in their work by the decisions of political parties would contradict the meaning of Part 2 of Art. 3 of the Constitution of the Russian Federation, according to which “the people exercise their power directly, as well as through state authorities and local governments.” From this constitutional provision it follows that deputies, as persons holding public positions of category “A”, are representatives of the people who elected them and exponents of the general will, and not representatives of political parties and exponents of group interests of certain parties. A similar conclusion applies to deputies of the State Duma of the Russian Federation: “The Federal Assembly - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation” Art. 94 of the Constitution of the Russian Federation. Deputies of the State Duma, being representatives of the people of the Russian Federation, must express the interests of the entire people, and not individual political parties.

Of course, the wording used in the Law on Parties does not mean that deputies should be bound in their work by party decisions - it only allows for such a possibility. In fact, this issue is given in the Law to the personal discretion of the deputies themselves. It is obvious that in in this case deputies and other officials should be guided not by the ambiguous wording of the Law on Parties, but by the above provisions of the Constitution of the Russian Federation and the legal meaning of the Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation.”

Thus, the analysis shows that the position of the legislator on the issue of relations between the state and political parties is ambiguous. On the one hand (and this is the facade side of the matter), the legislator declares the unconditional non-interference of the state in the activities of political parties, while neglecting even the absolutely necessary reservations regarding the right of the state to regulate the creation and activities of parties. On the other hand, the Law on Parties creates the preconditions for expanding the sphere of actual influence of officials on party life. Thus, the Law allows for the possibility of membership in political parties for persons holding state or municipal positions (including the President of the Russian Federation), although this issue has not received a clear legal solution in the legislation regulating the legal status of this category of persons. It is also significant that the legislator did not use the opportunity to introduce a ban on combining the position of the head of a government body with a leadership position in a political party, although the current legislation (not to mention political practice) has grounds for such a solution to the issue. It is clear that in this way the Law on Parties provides relevant guidelines for legislation regulating the legal status of officials.

True, it must be admitted that by specifying the provision on non-interference by the state in the affairs of political parties, the Law expands the scope of the prohibition on using the advantages of official or official position in the interests of a party. After all, the Law on Parties also extends this norm to those activities of persons holding state and municipal positions of category “A”, which is not related to their participation in election campaigns, as well as to all activities of civil servants carried out in the interests of parties (and not just for activities related to promoting attitudes towards parties). However, practice shows that the regulatory significance of such norms, unfortunately, is small. Heads of executive authorities at the central and local levels will interfere in the electoral process in order to support individual candidates and parties, indicating the incompleteness and transition of democratic procedures, in addition, the widespread interference of executive authorities - from the rural administration to the Presidential Administration - in the electoral process .

It is clear that with the current involvement of the executive branch in the electoral and parliamentary processes, existing legal prohibitions on officials using their position to strengthen the positions of certain political parties cannot but be violated. Therefore, the rules prohibiting the use of advantages of official position must be supplemented by the obligation of officials of category “A” (with the exception of deputies) to suspend membership in the party for the period of execution of their official powers, or at least a ban on combining a leadership position in executive authorities with political leadership party. Here we should proceed from the fact that, given the colossal possibilities of pressure on the political process that the Russian bureaucracy actually has, any legislative norms aimed at legally limiting such pressure will work for the development of legal democracy.

It is also very significant that the language contained in the Law on Parties not only expands the possibilities for officials to put pressure on the political process, but, on the other hand, contains obvious concessions towards those who seek to legalize the direct influence of parties on the activities of legislative bodies. It seems that on the issue of legislative regulation in the Law on Parties of the relationship between political parties and the state, representatives of the party and state bureaucracy have reached a mutually beneficial compromise. But this is not the compromise that a society interested in democratic development needs.

2.2 State funding of political parties

The Law on Political Parties for the first time provides for state support for political parties as a guarantee and basis for interaction with the state in the form of state financing of political parties, clause 2 of Art. 32 articles of the Federal Law “On Political Parties”. In other countries, for example in Germany, state funding of political parties was established by law back in 1967.

State funding of political parties is carried out in accordance with the provisions of Art. 33 of the Law “On Political Parties”. This article establishes the procedure for terminating state support for a political party, its regional branches and other structural units. In order to ensure financial transparency of the activities of political parties, the Law determines the procedure for the formation of funds and other property of a political party, as well as the procedure for the party to submit financial reports annually. As one of the types of state support for political parties, annual state funding of parties is provided based on the results of their participation in elections, and not during the elections themselves, as provided for by current legislation. This form of financing political parties is quite widespread in world practice. State funding of a political party (at the expense of the federal budget) is carried out on the condition that the person nominated by this party or the electoral bloc of which the party was a member during the elections, federal list candidates in the elections of deputies of the State Duma or a candidate for the position of President of the Russian Federation received at least 3% of the votes of voters who took part in the voting, or at least 12 candidates nominated by a political party or electoral bloc were elected in single-mandate electoral districts for elections to the State Duma. Selection budget funds for these purposes it is planned to start in 2004. State funding of a political party is suspended if its activities are suspended, as well as if the political party fails to comply with the requirements of the law.

In case of liquidation of a political party, its regional branch and other structural unit, state support for this political party, its regional branch and other structural unit shall cease from the date of entry into force of the court decision on the liquidation of the political party, its regional branch and other structural unit or from the date adoption of an appropriate decision by the authorized body of the political party. In case of reorganization of a political party, its regional branch and other structural unit, state support for this political party, its regional branch and other structural unit shall cease from the date of making the corresponding entry in the unified state register of legal entities.

Verification of the consolidated financial report of a political party and financial (accounting) reports of its regional branches and other registered structural divisions is carried out by the tax authorities of the Russian Federation; they are posted by the federal registration authority on a special website of the public information and telecommunications network no later than 2 months. from the date the political party submits the said report to the federal tax authority. A political party is obliged annually, no later than March 20 of the year following the reporting year, to submit to the tax authorities of the Russian Federation a consolidated financial report on the receipt and expenditure of funds in the reporting year. Political parties have the right to refuse government funding. In this case, the funds allocated to the political party from the federal budget based on the election results remain in the federal budget of V.V. Lapaev. // Journal of Russian Law 2001, No. 2 P.20. A political party, its regional branches and other registered structural divisions carry out financial and accounting reporting in the manner and within the time limits established by the law of the Russian Federation for legal entities. The consolidated financial report of a political party must contain information about the sources and amounts of funds received into the accounts of the political party, its regional branches and other registered structural divisions in the reporting year, about the expenditure of these funds, as well as about the property of the political party, indicating its value and information about its state registration. At the same time, funds spent by a political party, its regional branches and other registered structural divisions for the preparation and conduct of elections are taken into account separately. The form of the consolidated financial report is established by the tax authorities of the Russian Federation. The list of requirements for the consolidated financial report of a political party is exhaustive.

Conclusion

Currently, many different political parties have emerged in Russia. They are constantly evolving, leading each other political struggle, they are developing, uniting and developing joint positions. To increase influence on government structures and to promote their representatives to power structures.

But one thing is clear - the revival of Russia requires not just the interaction of parties, but also the interaction of simply political forces, the interaction of the state and political parties. They must cooperate with each other on reasonable terms.

The law on parties has been adopted and entered into force. However, this should not put an end to discussions on the range of controversial issues outlined above. Russian multi-party system is still at initial stages its formation, and the legislator is looking for adequate forms of legal regulation of this area, often by trial and error. Therefore, legislation regulating relations in the sphere of a multi-party system must still be in the process of constant improvement. Such improvement can be carried out both by introducing changes and additions to the current law based on studying the effectiveness of its operation, and in the course of law enforcement practice, including the use of the possibilities of constitutional justice.

List of used literature

1. Constitution of the Russian Federation 1993

2. Federal Law “On Political Parties”

3. Federal Law “On the Basic Guarantees of Electoral Rights and the Rights to Participate in Referendums of Citizens of the Russian Federation”

4. Federal Law “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation”

5. Federal Law “On information, informatization and information protection”

6. Federal Law “On Public Associations”

7. Federal Law “On the Fundamentals of the Civil Service of the Russian Federation”

8. Federal Law “On the fundamentals of municipal service in the Russian Federation”

9. Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”

10. Averyanov A.N., Vasetsky N.A. “Commentary to the Federal Law “On Political Parties” (Chapter VI. State support of political parties)

11. Kulicheva N. “Leadership in the party and public office: are they compatible?” // Elections. Legislation and technology. 2000. No. 6.

Chapter VII. Public funding of political parties

Article 33. Federal budget funds allocated to political parties

1. State support of political parties through their state financing is carried out based on the results of the participation of political parties in elections in order to compensate for the financial costs of political parties from the federal budget in the manner prescribed by this Federal Law.

2. Federal budget funds allocated for state financing of political parties are provided for in a separate line in accordance with the budget classification of the Russian Federation.

3. The total amount of federal budget funds allocated for state financing of political parties cannot be less than 0.005 of the minimum wage established by federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of voters included in the voter lists for the nearest previous elections of deputies of the State Duma of the Federal Assembly of the Russian Federation or elections of the President of the Russian Federation.

4. Federal budget funds allocated for state financing of political parties are sent to the settlement accounts of political parties in annual and one-time transfers.

The necessary calculations and transfers of these funds are carried out by the Federal Treasury based on the election results, information about which is provided to it by the Central Election Commission of the Russian Federation.

5. Political parties have the right to receive federal budget funds in one of the following cases:

a) if the federal list of candidates nominated by a political party or electoral bloc, as part of which the political party took part in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, received, based on the election results, at least 3 percent of the votes of voters who took part in voting in the federal electoral district ;

b) if, according to the results of the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, at least 12 candidates nominated by a political party or the electoral bloc specified in subparagraph “a” of this paragraph were elected in single-mandate electoral districts (provided that the person nominated by this political party or the specified electoral bloc according to the election results, the bloc federal list of candidates received less than 3 percent of the votes of voters who took part in the voting);

c) if a registered candidate for the position of President of the Russian Federation, nominated by a political party or electoral bloc, as part of which the political party took part in the elections of the President of the Russian Federation, received, based on the election results, at least 3 percent of the votes of voters who took part in the voting.

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

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - annually in the amount of 0.005 of the minimum wage established by federal law on March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the federal list of candidates nominated by the political party a party, or candidates nominated by a political party and elected to the State Duma of the Federal Assembly of the Russian Federation in single-mandate electoral districts in accordance with subparagraph “b” of paragraph 5 of this article;

b) based on the results of the elections of the President of the Russian Federation - a lump sum in the amount of 0.005 of the minimum wage established by federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by a registered candidate nominated by a political party for the position of President of the Russian Federation .

7. State funding of political parties that were part of the electoral bloc and subject to paragraph 5 of this article is carried out:

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - annually in the amount of 0.005 of the minimum wage established by federal law on March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the federal list of candidates nominated by the electoral bloc, or candidates nominated by an electoral bloc and elected to the State Duma of the Federal Assembly of the Russian Federation in single-mandate electoral districts in accordance with subparagraph “b” of paragraph 5 of this article;

b) based on the results of the elections of the President of the Russian Federation - a lump sum in the amount of 0.005 of the minimum wage established by federal law as of March 1 of the year preceding the year of allocation of these funds, and multiplied by the number of votes received by the nominated electoral bloc registered candidate for the position of President of the Russian Federation .

8. Federal budget funds provided for in paragraph 7 of this article are distributed among the political parties that were part of the electoral bloc in equal shares, unless otherwise determined by the electoral bloc upon its creation.

9. Federal budget funds provided for in paragraphs 6 and 7 of this article are allocated:

a) based on the results of elections of deputies of the State Duma of the Federal Assembly of the Russian Federation - no later than three months from the date of official publication of the election results and thereafter annually during the entire term of office of the State Duma of the Federal Assembly of the Russian Federation of the corresponding convocation;

b) based on the results of the elections of the President of the Russian Federation - at a time, no later than one year from the date of official publication of the election results.

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

Article 34. Financial statements political party

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

2. A political party is obliged annually, no later than March 20 of the year following the reporting year, to submit to the tax authorities of the Russian Federation a consolidated financial report on the receipt and expenditure of funds in the reporting year.

3. The consolidated financial report of a political party must contain information on the sources and amounts of funds received in the accounts of the political party, its regional branches and other registered structural divisions in the reporting year, on the expenditure of these funds, as well as on the property of the political party, indicating its cost and information about its state registration. At the same time, funds spent by a political party, its regional branches and other registered structural divisions for the preparation and conduct of elections are taken into account separately. The form of the consolidated financial report is established by the tax authorities of the Russian Federation in accordance with this Federal Law. The list of requirements for the consolidated financial report of a political party provided for in this paragraph is exhaustive.

Article 35. Control over the financial activities of a political party

1. The audit of the consolidated financial report of a political party and the financial (accounting) reports of its regional branches and other registered structural divisions is carried out by the tax authorities of the Russian Federation.

2. The consolidated financial report of a political party is posted by the federal registration authority on a special website of the public information and telecommunications network no later than two months from the date the political party submits the said report to the federal tax authority.

Not certainly in that way. Read the comments

Article 32. Types of state support for political parties. Commentary on Article 32

1. The commented article defines the types of support that can be provided to political parties:
- federal government bodies,
- state authorities of the constituent entities of the Russian Federation and
- local government bodies.
These bodies must provide support to political parties, their regional branches and other structural units on equal terms.
2. Support for political parties is carried out through:
a) ensuring equal conditions and guarantees of access to state and municipal media. A similar provision is enshrined in Art. 50 of the Federal Law of the Russian Federation 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”: state and municipal television and radio broadcasting organizations and the editorial offices of state and municipal periodicals are obliged to ensure equal conditions for conducting election campaigns campaigning according to registered candidates, electoral associations that have registered lists of candidates, including for presenting election programs to voters, and the referendum initiative group and other groups of referendum participants - equal conditions for campaigning on issues. At the same time, state television and radio broadcasting organizations, state periodicals are understood to mean television and radio broadcasting organizations and periodicals printed publications, the founders (co-founders) of which or the founders (co-founders) of the editorial boards of which on the day of the official publication (publication) of the decision on calling elections, the official publication of the decision on calling a referendum are state bodies and organizations, and (or) which for the year preceding the day of official publication ( publication) of the decision to call elections, the official publication of the decision to call a referendum, state support was provided in the form of subsidies and (or) subventions for their functioning at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, and (or) in the authorized (share) capital of which on the day of the official publication (publication) of the decision to call elections, the official publication of the decision to call a referendum, there is a share (contribution) of the Russian Federation and (or) the subject (subjects) of the Russian Federation.
Municipal television and radio broadcasting organizations, municipal periodicals are understood to mean television and radio broadcasting organizations and periodicals, the founders (co-founders) of which or the founders (co-founders) of whose editorial offices on the day of the official publication (publication) of the decision to call elections, the official publication of the decision to call a referendum are local authorities self-government and municipal organizations, and (or) which, in the year preceding the day of the official publication (publication) of the decision to call elections, the official publication of the decision to call a referendum, received municipal support in the form of subsidies and (or) subventions for their functioning at the expense of local funds budget, and (or) in the authorized (share) capital of which on the day of the official publication (publication) of the decision to call elections, the official publication of the decision to call a referendum there is a share (contribution) of the municipal entity (municipal entities);
b) creating equal conditions for the provision of premises and communications facilities that are in state and (or) municipal ownership, on terms similar to the conditions for their provision to state and municipal institutions;
c) ensuring equal conditions for participation in election campaigns, referendums, public and political events, i.e. any political party has the right to take part in elections, official publication decisions on the appointment (carrying out) of which took place after the political party submitted to the authorized bodies documents confirming the state registration of its regional branches in more than half of the constituent entities of the Russian Federation. A political party that has submitted documents to the authorized bodies confirming the state registration of its regional branches in more than half of the constituent entities of the Russian Federation has the right to take part in referendums.
3. In addition to the listed types of support, state support for political parties can be provided through their state financing from the federal budget. Such financing may be suspended in the event of:
- suspension of the activities of a political party;
- violation of the deadlines and procedure for submitting a consolidated financial (accounting) report on the receipt and expenditure of funds in the reporting year of a political party or a financial (accounting) report on the receipt and expenditure of funds in the reporting year of its regional branches.
4. State support for a political party, its regional branch and other structural unit is terminated in the event of:
1) liquidation of a political party, its regional branch and other structural unit:
- from the date of entry into legal force of the court decision on the liquidation of a political party, its regional branch and other structural unit, or
- from the date of adoption of the relevant decision by the authorized body of the political party;

2) reorganization of a political party, its regional branch and other structural unit - from the date of making the corresponding entry in the unified state register of legal entities.

Rights and obligations of political parties

The rights granted to political parties must, on the one hand, ensure their freedom of activity and fulfillment of public tasks provided for by law, and on the other hand, guarantee the existence and normal functioning multi-party system. The Federal Law of the Russian Federation “On Political Parties” contains a chapter that is devoted to this issue. In accordance with the procedure provided for by Russian legislation, a political party has the right

a) freely disseminate information about their activities, promote their views, goals and objectives;

b) participate in the development of decisions of state authorities and local self-government bodies in the manner and extent established by this Federal Law and other laws;

c) participate in elections and referendums in accordance with the legislation of the Russian Federation;

d) create regional, local and primary branches, including those with the rights of a legal entity, make decisions on their reorganization and liquidation;

e) organize and conduct meetings, rallies, demonstrations, processions, pickets and other public events;

f) establish publishing houses, news agencies, printing enterprises, mass media and educational institutions additional education adults;

g) use state and municipal media on equal terms;

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

i) protect their rights and represent the legitimate interests of their members;

j) establish and maintain international relations with political parties and other public associations of foreign states, join international unions and associations;

k) carry out business activities in accordance with the legislation of the Russian Federation and the charter of the political party.

The law does not limit the activities of a political party; it is authorized to carry out other types of actions established by Russian legislation. The charters of political parties may contain other provisions.

While providing political parties with broad rights and freedoms, legislation at the same time imposes responsibilities on them. Most often in the legislation of foreign countries they are formulated in the very general view, in the Federal Law of the Russian Federation “On Political Parties” they are more specific. In accordance with Article 27, a political party is obliged to:

a) comply in their activities with the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, as well as the charter of a political party;

b) annually submit to the authorized bodies information on the number of members of a political party in each of the regional branches, on the continuation of its activities, indicating the location of the permanent governing body, on its structural divisions that are not endowed with the rights of a legal entity, but have, in accordance with the charter, political parties the right to take part in elections and (or) referendums, as well as a copy of the consolidated financial report of the political party on the receipt and expenditure of funds in the reporting year submitted to the Central Election Commission of the Russian Federation;

c) admit representatives of authorized bodies to open events (including congresses, conferences or general meetings), conducted by a political party, its regional branches and other structural units;

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

These obligations are far from declarative in nature; non-compliance entails legal liability in the form of suspension of the activities of a political party, which can lead to liquidation

All rights of political parties are collective, although many of them coincide with the individual constitutional rights of citizens; these rights belong not to individuals, but to their associations - political parties - as specific subjects of law and can only be realized by them.

Chapter VI. STATE SUPPORT OF POLITICAL PARTIES

Article 32. Types of state support for political parties

a) ensuring equal conditions and guarantees of access to state and municipal media;

c) ensuring equal conditions for participation in election campaigns, referendums, public and political events.

2. State support for political parties is also provided through their state financing in accordance with Article 33 of this Federal Law.

4. In the event of the liquidation of a political party, its regional branch and other structural unit, state support for this political party, its regional branch and other structural unit shall cease from the date the court decision on the liquidation of the political party, its regional branch and other structural unit enters into legal force or from the date of adoption of the corresponding decision by the authorized body of the political party. In case of reorganization of a political party, its regional branch and other structural unit, state support for this political party, its regional branch and other structural unit shall cease from the date of making the corresponding entry in the unified state register of legal entities.

Chapter VI. State support for political parties. Party of cause Political party party of support