How many people do you need to register a party. How to create a party

Ways to create political parties

A political party is created freely, without the permission of state authorities and officials. The federal law "On Political Parties" (Article 11) provides for two ways to create a political party: 1) at the founding congress of a political party, 2) by transforming an all-Russian public organization or an all-Russian public movement into a political party at a congress of an all-Russian public organization or an all-Russian public movement.

A political party is considered established 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 a political party and the adoption of its program, on the formation of the governing and control and audit bodies of a political party. The delegates of the founding congress of a political party are the founders of the political party.

From the day of its creation, a political party has been carrying out organizational and outreach activities related to the formation of its regional branches and obtaining a document confirming the fact of making an entry about a political party in the Unified State Register of Legal Entities.

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

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

on the transformation of their regional divisions in the subjects 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 the governing and control and auditing bodies of a political party.

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

What is the organizing committee for?

To prepare, convene and hold the founding congress of a political party, citizens of the Russian Federation who have the right to be members of a political party form an organizing committee (Article 12 of the Federal Law "On Political Parties"). The composition of this committee should include at least 10 people. The Organizing Committee notifies Rosregistration in writing of its intention to create a political party and indicates its proposed name. Together with the notification, the following shall be sent to the specified body: 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 conclude civil law contracts to ensure its activities (last name, first name, patronymic, date of birth, address of residence, citizenship, series and number of a passport or a document replacing it, contact phone number).

Rosregistration or its territorial body on the day of receipt of the notification and the above documents issues a document confirming their submission to the authorized person of the organizing committee. The Organizing Committee, within a month from the date of issuance of such a document, 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 procedure for its activities. During his term of office, he prepares, convenes and holds the founding congress of a political party. To this end, the organizing committee: 1)

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

opens, through an authorized person of the organizing committee, a current account in one of the credit organizations of the Russian Federation and notifies the federal authorized body about it.

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, the funds and other property of the organizing committee, as well as the financial report

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

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

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

Information about the place and date of the founding congress of a political party or a congress of an all-Russian public organization (movement) convened for their transformation into a political party, an organizing committee or an all-Russian public organization (movement) publishes in Rossiyskaya Gazeta or other all-Russian periodicals. The specified information is published no later than one month before the day of the convocation of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian public movement convened for their transformation 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 public movement convened to transform them into a political party. Moreover, the law also establishes a clear deadline in 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 of representation of delegates of the founding congress is established by the organizing committee on the basis that each of the indicated subjects of the Federation must be represented by at least three delegates. Decisions of the constituent congress of a political party are taken by a majority vote of the delegates of the constituent congress of a political party.

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

After the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian public movement that has decided to transform the all-Russian public organization or an all-Russian public movement into a political party, the political party within a month submits the main provisions of its program to Rossiyskaya Gazeta for publication. Rossiyskaya Gazeta is obliged, within a month after the submission of these provisions, to publish free of charge the main provisions of the program of the political party in the amount 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 the state registration of a political party and its regional branches is taken by the Federal Registration Service and its territorial bodies, respectively. The documents required for the state registration of a political party shall be submitted to Rosregistration not later than six months from the date of the founding congress of the political party or the congress of the all-Russian public organization or the all-Russian public movement that has taken the decision to transform the all-Russian public organization or the all-Russian public movement into a political party.

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

Rosregistration or its territorial body no later than three working days from the date of receipt from the registering body of information about the entry made in the Unified State Register of Legal Entities about the 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 relevant entries in the Unified State Register of Legal Entities. In this case, 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 one month from the date of submission of the relevant application for state registration.

If the charter of a political party provides for the granting of the right of a legal entity to another structural unit of a 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 established at the founding congress of a political party?

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

An application signed by authorized persons of a political party, indicating their last names, first names, patronymics, residential addresses and contact numbers. An application for state registration of a political party shall be submitted in two copies. Signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by the Federal Law of August 8, 2001 No. 129-FZ "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 are presented in originals. The charter must contain the provisions set forth in Article 21 of the Federal Law "On Political Parties". 3.

The program of the 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 constituent congress of the political party certified by authorized persons of the political party on the establishment of a political party, on the adoption of the charter of the political party and the adoption of its program, the creation of regional branches of the 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 shall be submitted in two copies. 5.

Document confirming the payment of the state fee. The amount of the state fee for the state registration of political parties is established in Article 333.33 of the Tax Code of the Russian Federation. The state fee is paid for the state registration of a political party in the amount of 1000 rubles. A payment order or other bank document confirming the payment to the federal budget of the Russian Federation of the state fee for state registration of a political party or its regional branch shall be 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 the all-Russian periodical printed publication, which contains information about the place and date of the founding congress of a political party (Rossiyskaya Gazeta or another publication). 8.

Copies of the 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 the 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. Rosregistration on the day of receipt of these documents and materials is obliged to issue to authorized persons of the political party a document confirming their receipt. Rosregistration is not entitled to require a political party to submit any additional documents for the state registration of a political party.

Rosregistration or its territorial body no later than three working days from the date of receipt from the registering body of information about the entry in the Unified State Register of Legal Entities of an entry about a political party or its regional branch issues a certificate of their state registration to an authorized person of a political party or its regional branch, confirming the fact of making the relevant entries in the Unified State Register of Legal Entities. At the same time, 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 one month from the date of submission of the relevant 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 Collegium 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. applied to the Supreme Court of the Russian Federation with the above requirement. By a decision of a judge of the Supreme Court of the Russian Federation dated December 23, 2002, B.'s statement of claim was rejected due to his lack of jurisdiction of the Supreme Court110. In a private complaint, the applicant asked for the ruling to be annulled, citing its unlawfulness. The Cassation Board left the decision of the judge of the Supreme Court of 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 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 referred by law to the jurisdiction of the Supreme Court. A change in 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 have a case heard in that court and by the judge to whose jurisdiction it is attributed by law. Since there is no special law that would establish the mandatory jurisdiction of the Supreme Court of applications with requirements similar to those indicated above, and the Constitution, in accordance with its Article 15, has the highest legal force and direct effect, the acceptance of the application by the judge of the Supreme Court was justifiably refused.

At the same time, B.'s statement shows 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, according to Articles 39, 41 of the Federal Law "On Political Parties", Article 9 of the Federal Law "On Counteracting Extremist Activities", an application for the liquidation of a political party can be filed with the Supreme Court by the federal authorized body, the Prosecutor General and the federal body executive power. The applicant does not belong to them, as well as to the persons specified in Articles 42, 43 of the Federal Law "On Public Associations" and is entitled to raise the issue of termination of the activity of a public association, since he is not granted the right to apply to the court with such requirements, and in the 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 surnames, names, patronymics, addresses of the place of residence and contact telephone numbers of such persons. An application for state registration of a political party and its regional branch shall be submitted in two copies. 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 the state registration of legal entities. 2.

The charter of the political party in duplicate, bound, numbered, certified by authorized persons of the 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 are presented in originals; the charter must contain the provisions set forth 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 public 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 the all-Russian public organization (movement) or other body responsible for their transformation into a political party, copies of the decisions of the congress of the all-Russian public organization (movement) on its transformation into a political party, the adoption of the charter of the political party and the adoption of its program, the transformation of the regional branches of the all-Russian public organization (movement) to the 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 the voting results (see Appendix 18). Copies of the decisions of the congress of the all-Russian public organization (movement) on its transformation into a political party shall be submitted in two copies. 5.

Document confirming the payment of the state fee. A payment order or other bank document confirming the payment of the state duty for state registration of a political party to the federal budget of the Russian Federation 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 the all-Russian periodical printed publication, which contains information about the place and date of the congress of the all-Russian public organization (movement), convened to transform it into a political party (Rossiyskaya Gazeta or another publication). 8.

Certified by authorized persons of the regional branches of the all-Russian public organization (movement) copies of the minutes of conferences or general meetings of regional branches of the all-Russian public organization (movement) held in more than half of the constituent entities of the Federation with decisions on the transformation of the 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.

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

Rosregistration, on the day of receipt of the documents and materials specified above, issues a document to authorized persons of the political party confirming their receipt. Rosregistration is not entitled to require a political party to submit any additional documents for the 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 the 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. A regional branch of a political party may also be required to submit an application for state registration of a regional branch of a political party (submitted in two copies). Signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by the Federal Law of August 8, 2001 No. 129-FZ “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 a political party certified by authorized persons of a 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 the minutes of conferences or general meetings of the regional branch of a political party are submitted in two copies. 5.

Document confirming the payment of the state fee. The amount of the state fee for the 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 the state registration of each regional branch of a political party in the amount of 1000 rubles. A payment order or other bank document confirming the 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, which is used to communicate with the regional branch of the political party. 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 the political party. The territorial body of Rosregistration on the day of receipt of the listed

above documents shall issue to the authorized persons of the political party a document confirming their receipt. It should be specially noted that the territorial body of Rosregistration is not entitled to require a political party to submit any additional documents for state registration of a regional branch of a political party.

Reasons for denial 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 are contrary to the Constitution of the Russian Federation and federal legislation. 2.

The name and (or) symbols of a political party do not meet 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 as a result of liquidation in connection with the implementation of extremist activities, are used; names of state authorities and local self-government bodies, as well as the name and (or) surname of a 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) copyright; 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 subjects 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 existing in the Russian Federation and other all-Russian public associations, 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 offend or discredit the State Flag, the State Emblem, the State Anthem of the Russian Federation, flags, coats of arms, 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 above documents required for the state registration of a political party are not presented. 4.

Rosregistration 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 submission of documents required for the state registration of a political party have been violated.

A regional branch of a political party may be denied state registration only in the following two cases: 1) the above-mentioned documents 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 the political party does not meet the requirements of the law.

It must be remembered that the program of a political party is submitted solely for the information of Rosregistration. Any errors, inaccuracies in the program cannot serve as grounds for refusing state registration of a political party. The only exception is the creation and activities 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 decide to refuse state registration of a political party or its regional branch, the applicant is informed about this. Denial of state registration is made in the form of a conclusion and approved by Rosregistration or its territorial body, and the applicant is informed of this in writing no later than one month from the date of receipt of the submitted documents, moreover, indicating the specific provisions of the legislation of the Russian Federation, the violation of which led to the refusal in the state registration of this political party or its regional branch. A political party and its regional branch may be denied state registration on the grounds set forth in Article 20 of the Federal Law "On Political Parties".

Denial of state registration or evasion of state registration of a political party or its regional branch may be appealed in court. The application of a political party or its regional branch to appeal against the refusal of state registration is considered by the court within one month from the date of filing the application. Denial of state registration of a political party or its regional branch is not an obstacle to re-submission of documents to the authorized bodies for state registration of a political party or its regional branch, subject to the elimination of the grounds that caused such a refusal. Consideration by authorized bodies of repeated submissions of documents and making decisions on them is 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 non-compliance of the documents submitted by the public association with the requirements of regional legislation. At the same time, it must be remembered that it is necessary to be guided here by the requirements of the Federal Law “On Public Associations”. Therefore, the provisions of the laws of the constituent entities of the Russian Federation, which contradict this federal law, should be appealed to the court.

For example, citizen Ch. contested the constitutionality of Article 4 of the Law of the Kostroma Region of December 4, 1998 “On the Status of Public Associations in the Territory of the Kostroma Region”. According to this article, a regional (regional) public association is an association established in accordance with the procedure established by federal law and having its own structural subdivisions in the territories of more than half of the municipalities of the Kostroma region. The Applicant challenged this article in part, which provides that the regional (regional) public association has its own structural units in the territories of more than half of the municipalities of the Kostroma Region. According to the Applicant, the disputed provision violates his right to association, does not correspond to the constitutionally significant goals of restricting rights and freedoms, violates the constitutionally established delimitation of jurisdiction and powers between the Russian Federation and its subjects, and thereby contradicts Articles 3 (part 4), 4, 30 (part 1), 55 (part 3) and 71 (paragraph "c") of the Constitution of the Russian Federation. On these grounds, the applicant was denied registration of a public association in the Kostroma Region.

By the decision of the Kostroma Regional Court of April 27, 2002, issued on the complaint of citizen Ch., upheld by the Ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of July 1, 2002, Article 4 of the Law of the Kostroma Region “On the Status of Public Associations on the Territory of Kostroma region” in terms of the words “and having their own structural subdivisions in the territories of more than half of the municipalities of the Kostroma region” was declared contrary to federal law, invalid and not subject to application from the date the decision enters into force. Pursuant to the judgment, this provision was excluded by the relevant Law of the Kostroma Region.

The question of how to create a political party is quite relevant today. A large number of people want to register their own political movement, but do not know exactly how to do it. This article will analyze 95-FZ, which establishes the rules regarding the creation and functioning of political parties.

The concept of a political party

What is a political party? The presented normative act speaks of a special social movement, which is created for the participation of Russian citizens in the political life of the country. To do this, a political party must form and express its active political will, take part in various kinds of actions, represent the interests of citizens and implement its own program.

According to the law, every political party is a legal entity. 95-FZ states that the party must comply with the following requirements:

• the presence of regional branches in at least half of the constituent entities of the Russian Federation;
• the presence of at least five hundred party members;
• presence of leading and other party members on the territory of the Russian state.

The goals of any political party are the formation of public opinion, work on the political education of citizens, the expression of people's opinions and the nomination of their own candidates for elections.

Ways to create a party

According to Article 11 of the Federal Law "On Political Parties", movements of a political nature can be created freely. This does not require special permission from officials or government agencies. The only way to formalize a political party is to create it at the founding congress and register it with the Ministry of Justice.

At the constituent assembly, a decision is made by like-minded people on the creation of the party and its regional branches. The charter and the program are also adopted there. All delegates to the constituent assembly must also be founders of the party. From the very first day of its creation, the political movement begins to implement information-propaganda and organizational activities. All the powers of the party must comply with the law, and any manifestations of an extremist or terrorist nature will entail the liquidation of the movement.

Creation of the organizing committee

The organizing committee is the most important element in the system of political movements. Article 12 of the Federal Law "On Political Parties" reveals in detail the activities of the represented instance.

There must be at least ten people on the committee. It is created for the preparation and holding of the constituent assembly. The duties of the committee members include notifying the Government of the intention to create a party and working out the name of the movement.

In addition to the notification statement, the following must be submitted to the executive authority:

• minutes of the meeting of the committee with the goals, terms of office and location of the committee;
• information about the members of the committee.

Before creating a party, the organizing committee distributes information about its intentions in several all-Russian publications.

Functions of the organizing committee

The tasks of the committee are quite simple. But what functions does the committee have? This is described in Article 13 of the Federal Law "On Political Parties". According to the law, the committee must independently determine the procedure for its functioning. He sets the dates for holding the constituent assembly and is engaged in its conduct. The Committee's responsibilities include opening a current account in one of the Russian credit institutions. It is to this account that funds should be received for the effective operation of the committee and further political movement. It is worth noting that the budget for the functioning of the party should be formed from donations from supporters.

The Organizing Committee ceases its activities following the results of the activities of the founding congress, at which questions were raised on how to create a party and ensure its further functioning. All the property of the committee passes into the possession of the party itself.

Constituent Congress

"Rossiyskaya Gazeta" must publish free of charge information about the time and place of the constituent assembly. The publication must appear no later than one month before the convocation.

The founding congress cannot be considered legitimate in cases where not all of the party delegates indicated in the relevant document took part in its work. According to the law, at least two representatives from each region of the Russian Federation must be present in the party.

What do they do at the founding meeting? Here the Charter and the program of the party are adopted, questions of the further work of the political movement are discussed.

State registration of the party

The question of how to create a party cannot do without solving the problem of state registration. According to the normative act under consideration, both the political movement itself and its regional branches are subject to state registration, taking into account the procedure established by law. The fact of state registration is entered in the unified information register of legal entities.

How to register a party? Article 15 of the 95-FZ states that the movement is registered by the federal executive body or its regional branches. The federal body here is the Ministry of Justice. For registration, you must pay a state fee, the amount of which is established by law.

What documents are required to register a political movement? Organizers must provide:

• application in form No. P11001 in two copies;
• a copy and original of the decision of the founding congress;
• a copy and original of the party registration document;
• a copy and original of the Charter and Program of the party;
• certificate of the place of registration of the party leader;
• list of party members.

The same list of documents will have to be used when entering information about a political movement in the Unified State Register of Legal Entities.

Creation of charter and program

Each political party should have its own clearly defined and detailed political program. The question of how to create a political party should not arise until these two documents appear. What should be included in the party charter? According to article 21 of the law "On political parties", it is necessary to prescribe:

• the goals and objectives of the party, its name;
• the number of party members;
• conditions for acquiring party membership;
• the procedure for the creation, reorganization and liquidation of the party;
• the procedure for amending the articles of association;
• political party rights.

The program should include information about the basic principles and tasks of a political party in various public spheres.

On the structure and rights of the party

What rights does any political party have? According to article 26, there are:

• free dissemination of information about their activities;
• participation in the development of decisions by state bodies or local self-government instances;
• participation in elections and referendums;
• creation of regional branches;
• holding rallies, processions, meetings and other public events;
• protecting your rights, etc.

The structure of the party should be made up of the party apparatus, which is an organized group of party workers, as well as the party mass, which includes rank-and-file members of the movement. Party membership must be voluntary.

Instruction

New political parties are not the easiest thing to do, especially in Russia, where you will inevitably encounter various bureaucratic and legal obstacles along the way of such a structure. Remember that with determination and possession of the necessary information, this is quite feasible. The creation of a party begins with the study of the main document - Federal No. 95-F3 "On Political Parties" dated June 11, 2001. It regulates the process of creating and registering a party, determining what its structure, symbols and name should be, a package of necessary documents, etc. Start building your party by carefully studying this law.

The party cannot exist without its members, so enlist the support of the population. You have many supporters - according to the "On Political Parties", you need 100,000 people with party cards of your structure to register a party. However, in the Russian Federation there are many party organizations that operate not as the United Russia party, but as unregistered political structures. The main thing is that you must provide your offspring with a clear structure and support from broad sections of society.

Officially, your political party will begin its existence from the moment of the founding congress. Remember, you do not need to obtain permission from government agencies 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 created.

The founders of a political party are the delegates of the founding congress, who, after the creation of the party, become its members. This is how, for example, 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 appears along with making the appropriate entry in the unified state register of legal entities.

Do not forget that it is important to achieve broad support among the population, then it will be much easier to register. To do this, you must draw up an appropriate party structure - in addition to the central management committee, you need regional branches. They will help to attract supporters in different regions of the country. Expand the network of regional offices - and you will expand the influence of your organization.

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Democracy enables any citizen of the country to freely express their will and take part in government in accessible and legal ways. These methods also include the right of any capable citizen over the age of 18, enshrined in federal law, to create their own political parties.

Instruction

First of all, a little theory. A political party is created freely, it does not require the permission of state authorities and officials. Any all-Russian public movement or organization can be transformed into a political party at the congress of the movement or organization. At such a congress there should be a charter and a program, and the governing bodies should also be formed.

Since its inception, the party can carry out information and propaganda activities.
Please note that the data on the new batch must be entered in the unified state register of legal entities.

Send to the specified body information about the members of the organizational (surnames, first names and patronymics, dates of birth, citizenship and contact numbers). Attach the minutes of the meeting of the organizing committee, which indicates the purpose of creating the committee, term of office (no more than one year), location, procedure for using funds and other property, information about the member of the committee who is authorized to open a current account for the formation of funds of the organizing committee and conclude civil law contracts to ensure the activities of the committee. Information about the authorized person must be as complete as possible: last name, first name, patronymic, date of birth, place of residence, citizenship and passport data.

After that, on the day of receipt of the listed documents, the federal body issues to the authorized person a document confirming his authority. Then the organizing committee of the party, within a month from the date of issuance of the above document, must publish in the all-Russian periodical information about the intention to create a political party.

Hold a founding congress of the party, after which the organizing committee should cease its activities, and the funds raised (the party budget is formed by donations from citizens) and other property are transferred to the established political party. Publish information about the founding congress in Rossiyskaya Gazeta, no later than one month before the convocation of the congress. In turn, the named newspaper publishes free of charge information about the place and date of the congress of a political party within two weeks from the date of submission of this information to the publication.

The founding congress is considered competent only if delegates representing more than half of the constituent entities of the Russian Federation and living mainly in these regions took part in its work. Each specified subject of the Russian Federation must be represented by at least three delegates.

After holding the founding congress and making a decision on the creation of a political party, it is necessary to publish in the Rossiyskaya Gazeta the main provisions of the program of the political party.

note

Active citizens of the Russian Federation over 18 years of age can be members of a political party. Admission to the party is carried out on the basis of personal written applications of citizens of the Russian Federation.

Helpful advice

A political party and its regional branches act on the basis of the charter of a political party.

Sources:

• Party law

Parties in a democratic state are part of the political system. They bring together large groups of people connected by common interests and pursuing common goals. Political parties carry out their activities on the basis of decisions taken in accordance with the laws in force in the country and the provisions of the charter.

Instruction

The basis of any political party is its members. They have the right to take a direct part in the discussion of the line pursued by the party, as well as in the development of important decisions that determine the general course of political unification. The decision-making process is usually enshrined in the legislation on political parties, in statutory documents and operational regulations.

As a rule, parties are independent in the development and adoption of decisions. The state does not interfere in the activities of political associations of citizens as long as party decisions do not violate the norms of the law. Parties have the right to determine their own goals, tasks and methods for implementing program provisions.

Political parties can be created in two ways:

• 1) by founding a newly formed party;
• 2) by transforming an all-Russian public organization or an all-Russian public movement into a political party.

The first method provides:

• 1) the creation of an organizing committee for the preparation and holding of the founding congress of a political party, within one year from the date of notification of the Ministry of Justice of the Russian Federation of the intention to create a party and the provision of information about the proposed name of the party, an approximate draft charter and the main provisions of the program of the party being created. The draft law provides for the registration of an organizing committee, which will have the right to open a current account in a credit institution, since holding a founding congress will require financial costs;
• 2) holding a founding congress (with the number of delegates not less than two hundred people);
• 3) sending all the necessary documents: the charter of the party, the decision of the party congress on its creation, on the election of governing and controlling bodies, on the creation of at least forty-five regional branches to the Ministry of Justice of the Russian Federation;
• 4) obtaining a temporary registration certificate valid for six months;
• 5) admission to party membership in regional branches of at least one hundred people each, with a total number of at least ten thousand people;
• 6) registration of regional branches with the required number of party members in the regional justice bodies of the constituent entities of the Russian Federation;
• 7) submission to the Ministry of Justice of the Russian Federation of documents evidencing the presence of at least forty-five registered regional branches with a total number of at least ten thousand members (certificate of registration of the regional branch, a copy of the minutes of the meeting (conference) of the regional branch with a decision on admission to party membership the required number of citizens);
• 8) inclusion in the unified state register of legal entities, issuance of an appropriate certificate of a political party.

The second way to create political parties involves:

• 1) adoption by the supreme governing body of an all-Russian public organization, an all-Russian public movement of a decision on transformation into a political party, on the procedure for carrying out the transformation procedure, including the timing;
• 2) submission to the Ministry of Justice of the Russian Federation of the following documents: decisions on transformation into a political party, the Charter and program of the party, decisions on the election of the governing and control and audit bodies of a political party, decisions on succession, a deed of transfer and a decision on the transformation of regional structural divisions into regional branches parties, documents confirming the registration of at least forty-five regional branches of the party with at least one hundred people in each and a total number of at least ten thousand people (registration certificates, copies of protocols);
• 3) entering into the unified state register of legal entities as a political party, exclusion as a public association of a different organizational and legal form (in this case, the creation of the Organizing Committee is not required, and there is also no stage for issuing a temporary certificate of registration).

Similarly, it is planned to transform the current all-Russian political associations into political parties within the period established by law in order to put into effect the norm that excludes the concept of “political public association” from the law “On Public Associations” (approximately 2 years).

Until the expiration of the specified period, existing political associations can fully use the right to participate in elections, however, if they are not transformed within the prescribed period, they will lose their political status, as well as the right to participate in elections.

Political parties created by transformation from political associations are not subject to a one-year period during which newly formed associations are not entitled to participate in elections.

One of the main goals of creating a political party is participation in elections. A political party is the only type of public association that has the right to nominate candidates at all levels (a candidate for the position of the President of the Russian Federation, candidates, lists of candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation, candidates for deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, candidates for elective positions of local self-government bodies, candidates for the positions of head of the executive body of state power (highest official) of a constituent entity of the Russian Federation and others.

Citizens of the Russian Federation have the right to nominate the above-mentioned candidates along with political parties by way of self-nomination or nomination by an initiative group. No other public associations - public organizations (trade unions, charitable, religious, amateur organizations), public movements, foundations, institutions and others have the right to nominate candidates.

A political party is considered to be participating in elections if it has put forward a federal list of candidates in a federal district, or candidates in single-mandate districts in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, or a candidate for the President of the Russian Federation. At the same time, the nominated lists of candidates, candidates must be included in the relevant ballot papers. A party that did not take part in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation twice in a row loses the status of a political party and is subject to liquidation.

There are a lot of registered political parties, socio-political movements and electoral blocs in Russia. However, in practice, political parties have not become stable and strong participants in the political process. In 1993, 1996 and 1999 Russia held multi-party parliamentary elections. As a result of the 1993 elections, 8 parties and electoral blocs entered parliament on party lists (LDPR, Russia's Choice, Communist Party of the Russian Federation, Agrarian Party, Women of Russia, Yabloko, PRES, DPR), in 1995 only 4 electoral blocs (KPRF, LDPR, Our Home - Russia movement and Yabloko bloc). However, in 1999 the trend towards an increase in the number of political parties again prevailed. Six associations (LDPR, KPRF, Yabloko, Union of Right Forces, Unity and OVR) entered the parliament of the last convocation on party lists. This speaks of the difficulties of partogenesis, that in Russia parties quickly appear and just as quickly disappear, split, form coalitions and split again. The reasons for the weak development of parties and socio-political organizations should be sought in several directions.

Firstly, it should be noted the historical and cultural peculiarity of our country, associated with the 70-year period of dominance of one party. The negative perception of the Communist Party is automatically transferred to all parties without exception. In addition, the history of pre-revolutionary Russia cannot draw a positive experience of the long-term activity of political parties.

Secondly, it is necessary to single out a group of socio-economic reasons that point to the weak social base of political parties in modern Russia. Parties are usually formed on the basis of the interests of certain stable social groups and classes, but modern Russian society is undergoing processes of a sharp transformation of the social structure, high vertical and horizontal mobility of the population (with a predominance of downward social mobility for most categories of society), so the interests of a large part of the population simply do not have time take shape and receive adequate expression in the form of political parties.

Thirdly, it is necessary to single out such a feature of Russian partogenesis as the formation of parties around a leader or ideology, and not around interests. In connection with the competition between leaders and ideological subtleties, many movements experienced splits and divisions that had no fundamental basis. This trend is especially characteristic of the democratic movement.

Finally, one more reason for the weakness of political parties can be noted. It is connected with the existing electoral system in Russia, which favors the formation of weak parties and a multi-party system, which, under certain circumstances, can acquire the features of a “polarized” multi-party system.

Russian society can be depicted as a sinusoid. At certain periods, it becomes stormy, then it goes into decline. Before the elections, the political forces begin violent activity. It is mainly aimed at campaigning supporters. The first step is to register the party. Officially, the force is already recruiting fans of its idea and active adherents. Let's look at how the registration of a political party is carried out, are there any difficulties in this process, how to get around them.

Creation principles

It should be noted right away that the state does not interfere in the described process. This means that there is no need to obtain permission from official bodies. However, state registration is still required. The power itself is created by the initiative of the citizens. There the state does not interfere. People unite on the basis of similar views, visions of the future of the country or region. They express their intention to promote their position in society. When the main force is formed, registration of the party is required. It should be introduced into the official political space. And this is done by legalizing political power through state bodies. Otherwise, it will not get the opportunity to take part in elections, to delegate its members to the legislative branch. And how, then, to influence the process of building a state? Therefore, the registration of a party for most political forces is an important point. This is a kind of Rubicon, the process of her birth. From that moment on, the young party becomes a full participant in the political process. And its further fate depends on the activity of members and the attractiveness of the program.

Two ways to create a party

The state tries not to limit the positive political society. At the moment, it is legally established that parties are created in two ways. They cover those processes that are characteristic of society, do not carry the threat of undermining the foundations of the state. The first way is the unification of citizens. That is, people can get together, agree and engage in the promotion of their political views. The second way is to transform an already existing all-Russian social movement into a party. After all, people can work together on certain problems that are not included in the political field. In the process of developing this activity, there is a need for closer interaction with the authorities, up to inclusion in its composition. Then the movement develops into a party. It must be understood that these are two different processes. Consequently, the procedure for registering a political party differs in their nuances and features. If you want to start activities in the political field, this should be well understood.

Party registration procedure

Now let's talk about the actual procedures. If the citizens want to form a party, they should hold a founding congress. It is necessary to gather representatives from different regions of the country. Legislation sets strict parameters for such events. Without their observance, registration of a political party is impossible. Let's turn to the regulations. At the founding congress, the following fundamental documents are adopted:

• about the creation of the party;
• on the formation of its regional branches of the constituent entities of the Russian Federation (they should include more than half of the existing ones);
• program;
• charter;
• on the formation of management and audit bodies.

From the moment of a positive vote on these issues, a political force is considered created. If a social movement is transformed into a party, then it is only necessary to make a change in the register of legal entities. This is enough to change the status of the organization. Let's take a closer look at both processes.

and political power

It all starts with the creation of the organizing committee. It should include at least ten citizens who, by law, have the right to participate in political construction. These people gather and agree, which is fixed by a mandatory protocol. Next, you should notify the special body of Rosregistration of your intention. Together with the letter, the following documents should be submitted for party registration:

• personal information about the founders (initiative group);
• the organizing committee, which indicates the goals, terms of office, location, financial data and personal information for the person who will open the account and sign the papers.

If everything is correct, the designated Office shall confirm in writing that it has received the notification. The task of the organizing committee is to hold a constituent assembly. Time for this is given no more than a year. And within a month, the organizing committee is obliged to publish information about its initiative. The creation of a party is a public process. That is why you have to work with the media all the time.

Organizing committee status

Party registration is a very serious process. Therefore, we need to talk about the responsibility and legal status of those who shouldered this burden. The organizing committee is not actually a legal entity, while having some of its features. This temporary body has an account, property. It also balances. The organizing committee collects donations that are spent on creating a political force. In addition, the registration of the party in Russia is on the shoulders of the members of this temporary body. However, their rights are limited a priori. After all, after the official registration of the party, the organizing committee is obliged to transfer all the funds to its leadership.

The nuances of work

In practice, by the way, high positions in the new political force go to the organizers, but not always. For the constituent congress to be considered legal, it is necessary to recruit 50,000 supporters. Previously, this rate was less than five times. It turns out that the members of the organizing committee for the year have to do a lot of work. It is necessary to look for sympathetic and active followers of ideas, deal with funding issues, organize regional branches and so on. If they fail, then the initiative is considered completed. Money is returned to those who donated it. And the organizing committee stops working.

Constituent Congress

This event is the main one in creating a political force. That is why it gets a lot of attention. The public is informed about it through Rossiyskaya Gazeta. The latter is obliged to print the ad for free. The congress will be legal if representatives of more than half of the regions of the Russian Federation arrive at it. How many people will travel from the far corners of the country, the organizing committee determines. It is important for the state that there is sufficient representation of the people. The documents for registration of a political party must include the protocol of the event. It reflects the representation, the process of conducting and decision-making. The state has the right to check all the information, examine the documents for compliance with current legislation. The package includes all decisions of the congress.

Converting an association to a party

Here the process is somewhat easier. After all, the social movement already has organized structures. It is necessary, as in the first case, to hold a congress, with the obligatory notification of the event to the people. The same decisions are made at the event: the charter, the program, the formation of a political party with regional branches. However, in fact, they already exist. They are only re-registered with the relevant authorities. It should be added that only all-Russian movements will be transformed into a party. There is no such possibility for regional ones.