How to create a legal political party in Russia. Creation and registration of political parties

Russian society can be depicted as a sinusoid. At certain periods it becomes violent, then declines. Before the elections, political forces begin to be active. It is mainly aimed at agitating supporters. At the first stage, the party must be registered. Officially, the force is already recruiting fans of its idea and active adherents. Let's look at how a political party is registered, whether there are any difficulties in this process, and 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 authorities. However, state registration is still required. The power itself is created initiatively by citizens. The state does not interfere there. People unite based on similar views, visions of the future of a country or region. They express their intention to promote their position in society. When the main force is formed, registration of the party is necessary. It should be introduced into the official political space. And this is done by legalizing political power through government bodies. Otherwise, it will not have the opportunity to take part in elections or delegate its members to the legislative branch. How then can we influence the process of state building? Therefore, party registration is an important point for most political forces. This is a kind of Rubicon, the process of her birth. From this 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 positive political societies. Currently, it is legally established that parties are created in two ways. They cover those processes that are characteristic of society and do not pose a threat to undermine state foundations. The first way is to unite citizens. That is, people can get together, agree and start promoting 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 part of the political field. In the process of developing this activity, the need arises for closer interaction with the authorities, up to inclusion in its composition. Then the movement develops into a party. It is necessary to understand 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 working in the political field, you should understand this well.

Party registration procedure

Now let's talk about the procedures themselves. If citizens wish to form a party, they should hold a founding congress. It is necessary to gather representatives from various regions of the country. The legislation sets strict parameters for such events. Without compliance with them, registration of a political party is impossible. Let's turn to the standards. At the founding congress, the following fundamental documents are adopted:

on the creation of a party;
on the formation of its regional branches of the constituent entities of the Russian Federation (their number 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 you only need to make a change in the register of legal entities. This is enough to change the status of the organization. Let's move on to a detailed consideration of both processes.

and political power

It all starts with the creation of an organizing committee. It should include at least ten citizens who, by law, have the right to participate in political construction. These people get together and agree, which is recorded in a mandatory protocol. Next, you should notify the special body of Rosregistration of your intention. The following documents must be provided along with the letter to register the party:

personal information about the founders (initiative group);
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 completed correctly, the indicated department confirms in writing that it received the notification. The task of the organizing committee is to hold the founding meeting. The time allotted for this is 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’s why you have to work with the media constantly.

Organizing committee status

Registration of a party is a very serious process. Therefore, we need to talk about the responsibility and legal status of the people who shouldered this burden. The organizing committee is not actually a legal entity, although it has some of its characteristics. This temporary body has an account and property. It also makes up the balance. The organizing committee collects donations, which 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 funds to its leadership.

Nuances of work

In practice, by the way, high positions in the new political force go to the organizers, but not always. For the founding congress to be considered legal, it is necessary to recruit 50 thousand supporters. Previously, this norm was five times less. It turns out that the members of the organizing committee will have to do a lot of work over the course of the year. 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. The money is returned to those who donated it. And the organizing committee stops working.

Founding Congress

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

Transformation of an association into 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 mandatory notification of the people about the event. At the event, the same decisions are made: charter, program, formation of a political party with regional branches. However, in fact they already exist. They will only be re-registered with the relevant authorities. It should be added that only all-Russian movements can be transformed into a party. There is no such possibility for regional ones.

In recent years, anyone who has declared their desire to create a party will certainly be the first to hear the question: “How much money do you have?” Money is considered the main and almost the only condition... No, I’m lying. There is one more indispensable, universally recognized condition - administrative resource. In other words - “does the HIGHWAYS want you to create a party?” A person who answers “no” to both questions can immediately hang a “crazy” sign on his chest. But even if he doesn’t label him, those around him will immediately label him...
And vice versa. If a person answers “yes” to both questions, then everyone will show him a thumbs up and recognize him as a “promising party leader.” Because - how? What else does a partygenossa need to be happy? Well, perhaps we still have to come up with a name... That's enough.
For brevity, I would call this fundamental principle of our political life the “Surkov principle.” It is thanks to the efforts of this outstanding figure that we have today in Russia a truly unique “multi-party system.” It has an important feature that cannot be ignored: as soon as the Kremlin says that it no longer wants - for whatever reason - to finance this or that party, it will literally disappear at the same moment, as if it never existed never. Naturally, this also applies to the “most massive” party in the Russian Federation – “United Russia”. Perhaps it will disappear in this case even faster than any others - and so firmly that even its most active “members” today will not remember at all in six months that there was such a party, with a bear as an emblem...
There is only one exception to Surkov’s principle – the Communist Party of the Russian Federation.

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

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

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

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

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

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

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

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

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

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

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

Ways to create political parties

A political party is created freely, without permission from government bodies 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 social movement into a political party at a congress of an all-Russian public organization or an all-Russian social movement.

A political party is considered created from the day the founding congress makes decisions on the creation of a political party, on the formation of its regional branches in more than half of the constituent entities of the Federation, on the adoption of the charter of the political party and the adoption of its program, on the formation of the governing and control and audit bodies of the political party. Delegates to the founding congress of a political party are the founders of the political party.

From the date of its creation, a political party carries out organizational, information and propaganda activities related to the formation of its regional branches and obtaining a document confirming the fact of making an entry about the political party in the Unified State Register of Legal Entities.

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

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

on the transformation of their regional divisions in the constituent entities of the Federation into regional branches of a political party; 3)

on the adoption of the charter of a political party and the adoption of its program; 4)

on the formation of governing and control and audit bodies of a political party.

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

Why is the organizing committee formed?

To prepare, convene and conduct the founding congress of a political party, citizens of the Russian Federation who have the right to be members of a political party shall form an organizing committee (Article 12 of the Federal Law “On Political Parties”). This committee must consist of at least 10 people. The organizing committee notifies Rosregistration in writing of its intention to create a political party and indicates its intended name. Along with the notification, the following are sent to the specified authority: 1)

information about at least 10 members of the organizing committee (surnames, first names, patronymics, dates of birth, citizenship, contact numbers); 2)

minutes of the meeting of the organizing committee, which indicates the purpose of its creation, term of office (but not more than one year), location, procedure for using funds and other property of the organizing committee, as well as information about the member of the organizing committee authorized to open a current account for the formation of funds organizing committee and enter into civil law contracts to ensure its activities (last name, first name, patronymic, date of birth, residential address, citizenship, series and number of passport or a replacement document, contact phone number).

On the day of receipt of the notification and the above documents, Rosregistration or its territorial body issues a document confirming their submission to the authorized person of the organizing committee. The organizing committee, within a month from the date such a document is issued to it, publishes in one or more all-Russian periodicals information about the intention to create a political party and the submission of relevant documents to Rosregistration.

The Organizing Committee independently determines the order of its activities. During his term of office, he prepares, convenes and holds the founding congress of the political party. For these purposes, the organizing committee: 1)

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

opens, through an authorized person of the organizing committee, a current account in one of the credit institutions of the Russian Federation and reports this to the federal authorized body.

The funds of the organizing committee are formed from donations to political parties.

After the founding congress of a political party, the organizing committee ceases its activities. At the same time, funds and other property of the organizing committee, as well as the financial report

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

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

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

Information about the place and date of the founding congress of a political party or congress of an all-Russian public organization (movement), convened to transform them into a political party, is published by the organizing committee or all-Russian public organization (movement) in Rossiyskaya Gazeta or other all-Russian periodicals. The specified information is published no later than a month before the convening of the founding congress of a political party or a congress of an all-Russian public organization or an all-Russian social movement convened to transform them into a political party.

For economic reasons, it is advisable to publish the above information in Rossiyskaya Gazeta, since it is obliged to publish, free of charge, information about the place and date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement convened for their transformation into a political party. Moreover, the law also establishes a clear deadline within which Rossiyskaya Gazeta is obliged to make such a publication - within two weeks from the date of submission of this information to the publication.

The founding congress of a political party is considered competent if delegates representing more than half of the constituent entities of the Russian Federation and predominantly residing in these constituent entities of the Federation took part in its work. The norm for the representation of delegates to the founding congress is established by the organizing committee on the basis that each of the specified subjects of the Federation must be represented by at least three delegates. Decisions of the founding congress of a political party are made by a majority vote of the delegates to the founding congress of the political party.

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

After the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement, which has decided to transform the all-Russian public organization or all-Russian social movement into a political party, the political party, within a month, submits the main provisions of its program to the 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 political party's program in a volume of at least 200 newspaper lines.

State registration of a political party and its regional branches

Unlike other public associations, for which state registration is voluntary, a political party and its regional branches are subject to mandatory state registration (Article 15 of the Federal Law “On Political Parties”), which is carried out in accordance with the Federal Law “On State Registration of Legal Entities and individual entrepreneurs”, taking into account the special procedure for state registration of a political party and its regional branches. A political party and its regional branches carry out their activities in full, including as legal entities, from the moment of state registration. Evidence of state registration of a political party or its regional branch is a document confirming the fact of making an entry about a political party or its regional branch in the Unified State Register of Legal Entities.

The decision on state registration of a political party and its regional branches is made accordingly by Rosregistration and its territorial bodies. The documents required for state registration of a political party are submitted to Rosregistration no later than six months from the date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement that decided to transform the all-Russian public organization or an all-Russian social movement into a political party.

State registration of regional branches of a political party is carried out after the state registration of the political party, while in more than half of the subjects of the Federation, state registration of regional branches of a political party must be carried out no later than six months from the date of state registration of the political party.

Rosregistration or its territorial body, no later than three working days from the date of receipt from the registration authority of information about the entry made in the Unified State Register of Legal Entities about a political party or its regional branch, issues to the authorized person of the political party or its regional branch a document confirming the fact of making the corresponding entries in the Unified State Register of Legal Entities. Moreover, if a decision has not been made to refuse state registration of a political party or its regional branch, the specified document must be issued no later than a month from the date of filing the corresponding application for state registration.

If the charter of a political party provides for the granting of legal entity rights to another structural unit of the political party, then the state registration of such a structural unit is carried out in the manner prescribed for the state registration of a regional branch of a political party.

What documents are required for state registration of a political party created at the founding congress of a political party?

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

An application signed by authorized persons of a political party, indicating their surnames, first names, patronymics, residential addresses and contact telephone numbers. An application for state registration of a political party is submitted in two copies. The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

The charter of the political party in two copies, bound, numbered, certified by authorized persons of the political party, as well as the text of the charter in machine-readable form. All copies of the charter must be submitted in originals. The charter must contain the provisions set out in Article 21 of the Federal Law “On Political Parties”. 3.

The program of a political party, certified by authorized persons of the political party, as well as the text of the program in machine-readable form. 4.

Copies of decisions of the founding congress of a political party certified by authorized persons of a political party on the creation of a political party, on the adoption of the charter of a political party and the adoption of its program, the creation of regional branches of a political party, the formation of its governing and control and audit bodies, indicating data on the representation of delegates at this congress and voting results (see Appendix 17). Copies of decisions of the founding congress of a political party are presented in duplicate. 5.

Document confirming payment of state duty. The amount of state duty for state registration of political parties is established in Article 333.33 of the Tax Code of the Russian Federation. The state fee is paid for state registration of a political party in the amount of 1000 rubles. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a political party or its regional branch is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the political party, at which communication with the political party is carried out. This information can be confirmed by letters of guarantee and other documents. 7.

A copy of an all-Russian periodical printed publication in which information about the place and date of the founding congress of a political party is published (“Rossiyskaya Gazeta” or another publication). 8.

Copies of minutes of conferences or general meetings of regional branches of a political party held in more than half of the constituent entities of the Russian Federation, certified by authorized persons of the regional branches of a political party, indicating the number of members of the political party in its regional branches, as well as the location of the governing bodies of the regional branches of the political party. On the day of receipt of the specified documents and materials, Rosregistration is obliged to issue a document confirming their receipt to authorized persons of the political party. Rosregistration does not have the right to require a political party to submit any additional documents for state registration of a political party.

Rosregistration or its territorial body, no later than three working days from the date of receipt from the registration authority of information about the entry into the Unified State Register of Legal Entities of an entry about a political party or its regional branch, issues a certificate of state registration to the authorized person of the political party or its regional branch, confirming the fact of making relevant entries in the Unified State Register of Legal Entities. Moreover, if a decision has not been made to refuse state registration of a political party or its regional branch, the specified certificate must be issued no later than a month from the date of filing the corresponding application for state registration.

It should be noted that attempts were made to challenge the registration and re-registration of all political parties in the Russian Federation in court, but they were unsuccessful, largely on formal grounds. Thus, the Cassation Board of the Supreme Court of the Russian Federation considered the case on B.’s application to invalidate the registration and re-registration in 2002 by the Ministry of Justice of Russia of all political parties in accordance with the adopted Federal Law “On Political Parties”.

B. appealed to the Supreme Court of the Russian Federation with the above requirement. By a ruling of a judge of the Supreme Court of the Russian Federation dated December 23, 2002, B.’s claim was rejected due to its lack of jurisdiction by the Supreme Court110. In a private complaint, the applicant asked for the ruling to be cancelled, citing its illegality. The Cassation Board upheld the decision of the Supreme Court judge dated December 23, 2002 to be left unchanged.

According to the civil procedural legislation of the Russian Federation, the Supreme Court, as a court of first instance, considers civil cases challenging decisions to suspend the activities or liquidate political parties.

As follows from the content of the application submitted to the first instance, B. asks to invalidate the registration and re-registration of political parties. These requirements are not subject to the jurisdiction of the Supreme Court by law. A change of jurisdiction is possible only with the consent of both parties, since, in accordance with Article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to consider a case in the court and by the judge to whose jurisdiction it is assigned by law. Since there is no special law that would establish mandatory jurisdiction of the Supreme Court for applications with requirements similar to those indicated above, and the Constitution, in accordance with its Article 15, has supreme legal force and direct effect, the application was rightfully refused by the judge of the Supreme Court.

At the same time, it is clear from B.’s statement that his demands boil down to the liquidation of a number of political parties and public associations. As correctly stated in the judge’s ruling, in accordance with Articles 39, 41 of the Federal Law “On Political Parties”, Article 9 of the Federal Law “On Combating Extremist Activities”, an application for the liquidation of a political party can be filed with the Supreme Court by a federal authorized body, the Prosecutor General and a federal body executive power. The applicant does not apply to them, as well as to the persons specified in Articles 42, 43 of the Federal Law “On Public Associations” and who are entitled to raise the issue of terminating the activities of a public association, since he is not given the right to go to court with such demands, and in acceptance of the application was refused on the basis of paragraph 1 of part 1 of article 134 of the Civil Procedure Code of the Russian Federation.

What documents are required for state registration of a party created by transformation from an all-Russian public organization (movement)?

For state registration of a political party created by transforming an all-Russian public organization (movement) into a political party, the following documents are submitted to Rosregistration: 1.

Application signed by authorized persons of an all-Russian public organization (movement) or other body responsible for

their transformation into a political party, indicating the last names, first names, patronymics, residential addresses and contact telephone numbers of such persons. An application for state registration of a political party and its regional branch is submitted in two copies. The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

The charter of a political party in two copies, bound, numbered, certified by authorized persons of an all-Russian public organization (movement) or other body responsible for their transformation into a political party, as well as the text of the charter in machine-readable form. All copies of the charter must be submitted in originals; the charter must contain the provisions set out in Article 21 of the Federal Law “On Political Parties”. 3.

The program of a political party, certified by authorized persons of an all-Russian public organization, an all-Russian social movement or other body responsible for their transformation into a political party, as well as the text of the program in machine-readable form. 4.

Certified by authorized persons of an all-Russian public organization (movement) or other body responsible for their transformation into a political party, copies of decisions of the congress of an all-Russian public organization (movement) on its transformation into a political party, adoption of the charter of a political party and adoption of its program, transformation of regional branches of an all-Russian public organization (movement) to regional branches of a political party, the formation of its governing and control and audit bodies, indicating data on the representation of delegates at this congress and voting results (see Appendix 18). Copies of decisions of the congress of an all-Russian public organization (movement) on its transformation into a political party are presented in duplicate. 5.

Document confirming payment of state duty. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a political party is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the political party, at which communication with the political party is carried out. This information about the address (location) can be confirmed by letters of guarantee and other documents. 7.

A copy of an all-Russian periodical printed publication in which information is published about the place and date of the congress of an all-Russian public organization (movement) convened to transform it into a political party (“Rossiyskaya Gazeta” or another publication). 8.

Copies of minutes of conferences or general meetings of regional branches of the all-Russian public organization (movement) held in more than half of the subjects of the Federation, certified by authorized persons of regional branches of the all-Russian public organization (movement), with decisions on the transformation of regional branches of the all-Russian public organization (movement) into regional branches of a political party and indicating the number of members of the political party in its regional branches, as well as the location of the governing bodies of the regional branches of the political party (see Appendix 20). 9.

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

On the day of receipt of the documents and materials specified above, Rosregistration issues a document confirming their receipt to authorized persons of the political party. Rosregistration does not have the right to require a political party to submit any additional documents for state registration of a political party.

What documents are required for state registration of a regional branch of a political party?

For state registration of a regional branch of a political party, the following documents are submitted to the territorial body of Rosregistration: 1.

A copy of the decision of the founding congress of a political party or a congress of an all-Russian public organization (movement) on the creation (transformation) of regional (territorial) branches of a political party, or a copy of the decision of the authorized body of a political party on the creation (transformation) of regional (territorial) branches of a political party. The regional branch of a political party may also be required to submit an application for state registration of the regional branch of a political party (submitted in two copies). The signatures of authorized persons on one copy of the application must be notarized in the manner prescribed by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” for state registration of legal entities. 2.

A copy of the document on state registration of the political party certified by authorized persons of the political party. 3.

Copies of the charter and program of the political party certified by authorized persons of the political party. 4.

A copy of the minutes of the conference or general meeting of the regional branch of the political party on its creation, certified by authorized persons of the regional branch of the political party, indicating the number of members of the political party in its regional branch, as well as the location of the governing bodies of the regional branch of the political party (see Appendix 19). Copies of minutes of conferences or general meetings of the regional branch of a political party are submitted in duplicate. 5.

Document confirming payment of state duty. The amount of the state fee for state registration of a regional branch of a political party is established in Article 333.33 of the Tax Code of the Russian Federation. The state fee is paid for state registration of each regional branch of a political party in the amount of 1000 rubles. A payment order or other bank document confirming payment of the state fee to the federal budget of the Russian Federation for state registration of a regional branch of a political party is submitted in two copies (original and photocopy). 6.

Information about the address (location) of the permanent governing body of the regional branch of the political party, through which communication with the regional branch of the political party is carried out. This information about the address (location) can be confirmed by letters of guarantee and other documents. 7.

List of members of the regional branch of a political party. The territorial body of Rosregistration on the day of receipt of the listed

above the documents, issues a document to authorized persons of the political party confirming their receipt. It should be especially noted that the territorial body of Rosregistration does not have the right to require a political party to submit any additional documents for state registration of the regional branch of a political party.

Reasons for refusal of state registration of a political party or its regional branch

A political party may be denied state registration only in the following cases: 1.

The provisions of the charter of a political party contradict the Constitution of the Russian Federation and federal legislation. 2.

The name and (or) symbols of a political party do not comply with the following requirements of Articles 6 and 7 of the Federal Law “On Political Parties”:

a) in the name of a political party, both full and abbreviated, the names of other political parties existing in the Russian Federation and other all-Russian public associations, as well as political parties that have ceased their activities due to liquidation in connection with the implementation of extremist activities, are used; names of state authorities and local government bodies, as well as the first and (or) last name of the citizen;

b) the name of the political party does not comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyrights; the name of a political party is used that offends racial, national or religious feelings;

c) the symbols of a political party coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols of municipalities, as well as the state symbols of foreign states;

d) emblems and other symbols of political parties and other all-Russian public associations existing in the Russian Federation, as well as emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation are used as the emblem and other symbols of a political party;

e) the symbols of a political party do not comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyrights (it is prohibited to use symbols that insult or discredit the State Flag, the State Emblem, the State Anthem of the Russian Federation, flags, emblems, anthems of the subjects of the Federation, municipalities , foreign countries, religious symbols, as well as symbols that offend racial, national or religious feelings). 3.

The documents discussed above required for state registration of a political party were not presented. 4.

Rosregistration has established that the information contained in the documents submitted for state registration of a political party does not comply with the requirements of the Federal Law “On Political Parties”. 5.

The deadlines established by the Federal Law “On Political Parties” for submitting documents required for state registration of a political party were violated.

A regional branch of a political party may be denied state registration only in the following two cases: 1) the documents discussed above required for state registration of a regional branch of a political party are not submitted; 2) the territorial body has established that the information contained in the documents submitted for state registration of the regional branch of a political party does not comply with the requirements of the law.

It must be remembered that the program of a political party is presented solely for the information of Rosregistration. Any errors or inaccuracies in the program cannot serve as grounds for refusal of state registration of a political party. The only exception is the creation and activity of political parties whose goals or actions are aimed at carrying out extremist activities. Rosregistration is prohibited from requiring a political party to make any changes to its program.

If the authorized bodies make a decision to refuse state registration of a political party or its regional branch, the applicant is informed about this. The refusal of state registration is drawn up in the form of a conclusion and approved by Rosregistration or its territorial body, and the applicant is informed about this in writing no later than a month from the date of receipt of the submitted documents, indicating the specific provisions of the legislation of the Russian Federation, the violation of which entailed the refusal in the state registration of a given political party or its regional branch. A political party and its regional branch may be denied state registration on the grounds set out in Article 20 of the Federal Law “On Political Parties”.

Refusal to state registration or evasion of state registration of a political party or its regional branch may be appealed in court. An application by a political party or its regional branch to appeal a refusal of state registration is considered by the court within a month from the date of filing the application. Refusal of state registration of a political party or its regional branch is not an obstacle to repeated submission of documents to the authorized bodies for state registration of a political party or its regional branch, provided that the grounds that caused such refusal are eliminated. Review by authorized bodies of repeated submissions of documents and decisions on them are carried out in the manner discussed above for state registration of a political party or its regional branch.

The practice of state registration of public associations shows that such registration is often denied due to the non-compliance of the documents submitted by the public association with the requirements of regional legislation. At the same time, it is necessary to remember that it is necessary to be guided here by the requirements of the Federal Law “On Public Associations”. Therefore, provisions of the laws of the constituent entities of the Russian Federation that contradict this federal law should be appealed to the court.

For example, citizen Ch. challenged the constitutionality of Article 4 of the Law of the Kostroma Region of December 4, 1998 “On the status of public associations on the territory of the Kostroma Region.” According to this article, a regional (regional) public association is an association created in the manner established by federal law and having its structural divisions in the territories of more than half of the municipalities of the Kostroma region. The applicant challenged this article in the part that provides for the presence of the regional (regional) public association of its structural divisions in the territories of more than half of the municipalities of the Kostroma region. According to the applicant, the contested provision violates his right to association, does not correspond to the constitutionally significant goals of restricting rights and freedoms, violates the constitutionally established division of jurisdiction and powers between the Russian Federation and its constituent entities and thereby contradicts Articles 3 (Part 4), 4, 30 (part 1), 55 (part 3) and 71 (point “c”) of the Constitution of the Russian Federation. On these grounds, the applicant was denied registration of a public association in the Kostroma region.

Based on the complaint of citizen Ch., the decision of the Kostroma Regional Court dated April 27, 2002, left unchanged by the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 1, 2002, Article 4 of the Law of the Kostroma Region “On the status of public associations in the territory of Kostroma region" in terms of the words "and having their own structural units in the territories of more than half of the municipalities of the Kostroma region" was found to be contrary to federal law, invalid and not subject to application from the date the decision entered into legal force. In pursuance of the court decision, this provision was excluded by the relevant Law of the Kostroma Region.

On April 4, 2012, the Federal Law “On Amendments to the Federal Law “On Political Parties” came into force.
A political party (hereinafter referred to as the party) is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society.

The party must meet the following requirements:

the party must have regional branches in more than half of the constituent entities of the Russian Federation;
the number of party members must be at least 500 people;
the governing and other bodies of the party, its regional branches and other structural units must be located on the territory of the Russian Federation.

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 the party shall form an organizing committee consisting of at least ten people.
The organizing committee notifies in writing the federal executive body authorized to perform functions in the field of registration of political parties of its intention to create a political party and indicates its intended name.

The organizing committee provides the following documents to the federal executive body:

1) notification (expressing the intention to create a political party, indicating its intended name);
2) information about the members of the organizing committee for the preparation, convening and holding of the founding congress of the political party (information is provided about at least ten members of the organizing committee, indicating: surnames, first names, patronymics, dates of birth, citizenship and contact numbers);
3) minutes of the meeting of the organizing committee, which should consider the following issues:
— election of the Chairman and Secretary of the meeting of the organizing committee of the political party;
— approval of the proposed name of the political party;
— establishment (creation) of an organizational committee of a political party and determination of the purpose of creating an organizational committee of a political party;
— approval of the terms of office of the organizing committee of a political party;
— approval of the location of the organizing committee of the political party;
— approval of the procedure for using funds and other property of the organizational committee of a political party;
— approval of an authorized person of the organizing committee of a political party.

The federal authorized body, on the day of receipt of 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 the document from the federal executive body, publishes in one or more all-Russian periodicals information about the intention to create a political party and about the submission of relevant documents to the federal authorized body.
The Organizing Committee independently determines the order of its activities. During its term of office, the organizing committee holds the founding congress of the political party. For these purposes, the organizing committee:
— carries out organizational, information and propaganda activities aimed at forming regional branches of the political party being created in the constituent entities of the Russian Federation, including holding meetings of supporters of the political party being created to elect delegates to the founding congress of the political party;
- opens, through an authorized person of the organizing committee, a current account in one of the credit institutions of the Russian Federation and reports this to the federal authorized body.

How to create a political party in Russia?

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. In this case, the funds and other property of the organizing committee, as well as a financial report on their use, which indicates the sources of receipt of funds and other property, are transferred to the created political party.
If the organizing committee does not hold the founding congress of the political party during its term of office, after this period the organizing committee ceases its activities. In this case, the remaining funds of the organizing committee are transferred to donors in proportion to the donations made, other property is returned to the donors. If it is impossible to return, the remaining funds and other property of the organizing committee shall be transferred to the income of the Russian Federation.
A political party and its regional branches are subject to state registration 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 established by the Federal Law “On Political Parties”. A political party and its regional branches carry out their activities in full, including as legal entities, from the moment of state registration. Confirmation 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 documents required for state registration of a political party are submitted to the federal authorized body no later than six months from the date of the founding congress of a political party or the congress of an all-Russian public organization or an all-Russian social movement that decided to transform the all-Russian public organization or all-Russian social movement into a political one party.
State registration of regional branches of a political party is carried out after the state registration of the political party, while in more than half of the constituent entities of the Russian Federation, state registration of regional branches of a political party must be carried out no later than six months from the date of state registration of the political party.

The Alpine Wind consulting group provides corporate and legal services for the registration of political parties in the Russian Federation, as well as other non-profit organizations (foundations, institutions, associations).

In accordance with the Constitution of the Russian Federation, every citizen has the right to associate, and no one can be forced to join or remain in any association. Freedom of activity of public associations is guaranteed. According to the Constitution of the Russian Federation, political diversity and a multi-party system are recognized in Russia, all public associations, regardless of their ideology, goals and objectives, are equal before the law, and the state ensures this equality, as well as respect for the rights and legitimate interests of public associations, including political parties.

These provisions of the Constitution of the Russian Federation form the basis of federal legislation regulating public relations arising in connection with the exercise by citizens of the Russian Federation of the right to associate in public associations, including political parties, and the peculiarities of their creation, activities, reorganization and liquidation.

A political party is 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 events, in elections and referendums, as well as for the purpose of representing the interests of citizens in government bodies and local government bodies.

The Federal Law “On Political Parties” establishes qualification requirements that any political party must meet:

The presence of regional branches in more than half of the constituent entities of the Russian Federation, while on the territory of a subject there can be only one regional branch of a political party;

The presence of at least ten thousand party members, while in more than half of the constituent entities of the Russian Federation, regional branches of the party must have at least one hundred party members, and in the remaining regional branches - at least fifty party members;

The governing and other bodies of the party, its regional branches and other structural units must be located on the territory of the Russian Federation;

Availability of a party charter and program.

The law defines the main goals of any political party, which ARE:

Formation of public opinion;

Political education and upbringing of citizens;

Expressing the opinions of citizens on any issues of public life, bringing these opinions to the attention of the general public and government authorities;

Nomination of candidates for elections to legislative (representative) bodies of state power and representative bodies of local self-government, participation in elections to these bodies and in their work.

Activities of political parties is based on the principles of voluntariness, equality, self-government, legality and transparency.

CREATION AND REGISTRATION OF POLITICAL PARTIES

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 permitted.

Any political party is created freely at the founding congress of a political party or by transforming an all-Russian public organization or an all-Russian social movement into a political party at the appropriate congress. A political party and regional branches are subject to mandatory state registration by the relevant registration authorities in the manner prescribed by law. Information on the creation and liquidation of political parties is published in all-Russian print media.

Among the rights of a political party enshrined in law, the right to participate in elections and referendums in accordance with the legislation of the Russian Federation should be highlighted, and among the responsibilities is the obligation to notify the election commission in advance of events related to the nomination of its candidates (lists of candidates) for deputies and other elective positions in state authorities and local governments, and to allow representatives of the election commission to attend these events.

A political party is the only type of public association that has the right to independently nominate candidates (lists of candidates) for deputies and other elective positions in government bodies.

Political Party and its regional branches (if provided for by its charter) have the right to take part in those elections, the official publication of the decision on the appointment of which took place after the political party submitted to the registration authorities documents confirming the state registration of regional branches in more than half of the constituent entities of the Russian Federation.

The nomination of candidates (lists of candidates) by a political party for deputies and other elective positions in state authorities and local self-government bodies is carried out at the congress of the political party, in which delegates from regional branches of the political party formed in more than half of the constituent entities of the Russian Federation take part.

Decisions on the nomination by regional branches of a political party of candidates (lists of candidates) for deputies and other elective positions in government bodies of the constituent entities of the Russian Federation and local governments are made at a conference or general meeting of regional branches of a political party in accordance with the charter of the political party by a majority vote of delegates, those present at a conference or general meeting of regional branches of a political party. Decisions on the nomination of candidates (lists of candidates) for deputies and other elective positions in state authorities and local governments are made by secret ballot.

A political party is considered to participate in elections in one of the following voting cases:

a) for the federal list of candidates nominated by her (or the electoral bloc of which she is a member) and registered for deputies of the State Duma of the Federal Assembly of the Russian Federation;

b) for candidates nominated by it (or the electoral bloc of which it is a member) and registered candidates for deputies of the State Duma of the Federal Assembly of the Russian Federation in at least 5 percent of single-mandate electoral districts;

c) for a candidate nominated by her (or the electoral bloc of which she is a member) and registered for the position of President of the Russian Federation;

d) for candidates nominated by it (including as part of an electoral bloc) and registered for the position of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) in at least 10 percent of the constituent entities of the Russian Federation;

e) for candidates nominated by it (including as part of an electoral bloc) and registered candidates (lists of candidates) for deputies of legislative (representative) bodies of the constituent entities

of the Russian Federation in at least 20 percent of the constituent entities of the Russian Federation;

f) candidates nominated by it (including as part of an electoral bloc) and registered candidates (lists of candidates) for elections to local government bodies in more than half of the constituent entities of the Russian Federation.

A political party that has not taken part in elections for five consecutive years is subject to liquidation in accordance with the provisions of the Federal Law “On Political Parties”.

News and society

State registration of a party in Russia. Documents for registering a political party

The political life of Russian society can be depicted as a sine wave. At certain periods it becomes violent, then declines. Before the elections, political forces begin to be active. It is mainly aimed at agitating supporters. At the first stage, the party must be registered. Officially, the force is already recruiting fans of its idea and active adherents. Let's look at how a political party is registered, whether there are any difficulties in this process, and 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 authorities. However, state registration of a political party is still necessary. The power itself is created initiatively by citizens. The state does not interfere there. People unite based on similar views, visions of the future of a country or region. They express their intention to promote their position in society. When the main backbone of this force is formed, registration of the party is necessary. It should be introduced into the official political space. And this is done by legalizing political power through government bodies. Otherwise, it will not have the opportunity to take part in elections or delegate its members to the legislative branch. How then can we influence the process of state building? Therefore, party registration is an important point for most political forces. This is a kind of Rubicon, the process of her birth. From this 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 initiatives of civil society. Currently, it is legally established that parties are created in two ways. They cover those processes that are characteristic of society and do not pose a threat to undermine state foundations. The first way is to unite citizens. That is, people can get together, agree and start promoting 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 part of the political field. In the process of developing this activity, the need arises for closer interaction with the authorities, up to inclusion in its composition. Then the movement develops into a party. It is necessary to understand 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 working in the political field, you should understand this well.

Party registration procedure

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

Public initiative and political power

personal information about the founders (initiative group);
minutes of the meeting of 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.

Organizing committee status

Registration of a party is a very serious process. Therefore, we need to talk about the responsibility and legal status of the people who shouldered this burden. The organizing committee is not actually a legal entity, although it has some of its characteristics. This temporary body has an account and property. He prepares cost estimates and balance sheets. The organizing committee collects donations, which 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 funds to its leadership.

Nuances of work

Founding Congress

What is needed to create a party

Documents for registering a political party must include a protocol of the event. It reflects representation, the process of conducting and making decisions. The state has the right to check all information and examine documents for compliance with current legislation. The package includes all decisions of the congress.

Transformation of an association into a party

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Let's turn to Lenin. It seems like everything worked out quite well for him at one time.

So, Lenin believed that the building of a political party of the working class should begin with the organization of an all-Russian militant political newspaper, leading propaganda and agitation for the views of revolutionary social democracy, that the publication of such a newspaper should be the first step in building the party.

In his famous article “Where to start?” Lenin outlined a concrete plan for building the party, which was later developed in his famous book “What is to be done?”

“In our opinion,” Lenin said in this article, the starting point of activity, the first practical step towards the creation of the desired organization (We are talking about the creation of a party), and finally, the main thread, following which we could steadily develop, deepen and expand this organization, - there must be the establishment of an all-Russian political newspaper... Without it, the systematic conduct of fundamentally consistent and comprehensive propaganda and agitation, which constitutes the constant and main task of Social Democracy in general and the especially urgent task of the present moment, when interest in politics, in questions of socialism has been awakened in the widest segments of the population."

Iskra became such an all-Russian political newspaper, which prepared the ideological and organizational unity of the party.

As for the structure and composition of the party itself, Lenin believed that the party should consist of two parts: a) a narrow circle of regular cadre leadership workers, which should include mainly professional revolutionaries, that is, workers free from all other activities except party works that have the necessary minimum of theoretical knowledge, political experience, organizational skills and the art of fighting the tsarist police, the art of hiding from the police and b) from a wide network of peripheral party organizations, from a large mass of party members, surrounded by the sympathy and support of hundreds of thousands of workers.

Regarding the nature of the party being created and its role in relation to the working class, as well as the goals and objectives of the party, Lenin believed that the party should be the vanguard of the working class, that it should be the guiding force of the labor movement, uniting and directing the class struggle of the proletariat. The ultimate goal of the party is the overthrow of capitalism and the establishment of socialism. The immediate goal is the overthrow of tsarism and the establishment of democratic order. And since the overthrow of capitalism is impossible without first overthrowing tsarism, the main task of the party at the moment is to raise the working class, to rouse the entire people to fight against tsarism, to launch a popular revolutionary movement against tsarism and to overthrow tsarism as the first and serious obstacle on the way to socialism.

Thus, the following main steps can be distinguished:

1. To begin with, let’s formulate the goals and objectives of the party and choose an ideology. Will it be a revolutionary party or not, will it be right, left or center, legal or illegal, etc. Let's formulate the final goal, the immediate goal, write a manifesto, gather for now a narrow circle of like-minded people, come up with a name, and develop high-quality marketing. It will be necessary to create a product that is in demand, so we will study the political sentiments circulating in society and take them into account. Selecting the target audience. This is a very important point, which Lenin was right about. If we want to be in power, then we look broadly, think about the people, how to interest the majority of them, what to cling to.

2. We begin to act. As Lenin wrote, agitation is the most important step that a political party must take. If the party does not want to remain a circle of interests, then it must reach out to the broad masses. We create a newspaper, let’s say an online publication, or even a public contact page, and begin to conduct propaganda and agitation. We actively advertise using any methods that come to hand. The function of our information portal is the ideological unity of the party and the wide dissemination of information. We will need some brilliant theorists who can create a solid ideological base, professional political scientists, as well as a whole staff of professional PR people. These will be our “professional revolutionaries.”