Party building. Creation and registration of political parties. How to create a party

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In the Russian state, the structure of society is characterized as democratic, therefore all, without exception, members of society have the right to create their own political party or public organization. However, not everything is as simple as it seems at first glance, because before creating a party, its founder must study a number of normative and legislative acts regulating the creation and activities of parties and social movements. If the law is violated in the process of creating a party, the party’s activities will either be terminated, or it will not even be able to be registered, and, accordingly, exist on a legal basis.

How to create a political party

Federal Law No. 95, which came into force on June 11, 2001, the full name of which is “On Political Parties,” regulates not only the creation, but also the registration of political parties on the territory of the Russian Federation. By the way, we recommend that you familiarize yourself with this Federal Law before creating a political party by following this link. Before registering a political party, you need to ensure that its number is at least 100 thousand people. This means that it is necessary to carry out large-scale work to attract members to the ranks of the newly created political party. But this does not mean that your political party cannot carry out its activities without registration. Already having the Nth number of participants, you can lead a party that will carry out its activities.

We should not forget that when creating a party, it is necessary to think about how to name the party. The name of the party, as a rule, reflects the general concept of its activities, goals and direction in which it will work. In the name of the party, it is advisable to indicate what views the party’s supporters adhere to - liberal, socialist, democratic or communist. Of course, you can also create a party that will take a direct part in the struggle for the preservation of wildlife or ecology in your region, and subsequently on the territory of the Russian Federation. If you create just such a party, then its name should contain the word “ecology” or “animal” or words from a synonymous series of these words.

How to register a party

As mentioned above, in order to register a party, it is necessary to gather at least 100 thousand people under its banner. A clear structure and extensive support for public activities are the foundation for the successful functioning of any political party. Please note that in this matter it does not matter at all how many years the party has existed, the main thing is that its activities are liked by society. There are parties that have been working for decades and their numbers are much smaller than the parties created two years ago. All this depends on the degree of public interest in the activities of the party, as well as on how well the organizers have thought through how to make the party.

The program and charter are the first and important attributes of any party, which are approved at the founding congress of the party. The founders of a political party are the delegates to the founding congress, who become the first members of the created party. Their names appear first on the party list. The sequence of its registration also depends on the method of creating the party.

If a public organization or movement is transformed into a political party, then the moment of its creation will be considered the day on which the entry was made in the unified state register of legal entities. Therefore, how to register a party in your case must be considered based on the method of its organization. The party structure should have not only a central committee, but also regional branches that will spread the party’s influence throughout the regions, attracting new faces. They do not have to be party members.

A political party is a public organization that serves as a support for presidential and deputy candidates at the federal, regional and municipal levels. Often a party has greater opportunities than other organizations to influence popular opinion.

In step-by-step instructions, the Aspect Legal Center will tell you about the legal status of a political party in 2018, how and when to register a party, what documents will need to be submitted and where.

1. What is the legal status of a political party?

The 1993 Constitution, in contrast to the norms that had been in force for 70 years, declared the Russian Federation a multi-party state in which only those public associations are prohibited whose actions are aimed at violating the law and are dangerous to the lives of other people. A political party is a representative form of citizen participation in governing the country.

1.1. A political party is allowed:

• participate in the leadership of the country, individual federal entities and municipalities through elected deputies;
• attend plenary sessions of legislative bodies once a year in the absence of elected party representatives;
• propose party members or the party itself as candidates in elections at all levels;
• independently determine ways to achieve popular loyalty and gain power;
• organize events to increase people's political literacy;
• use your own media;
• collect and disseminate the opinions of citizens on all public issues;
• defend party members in court, prosecutors and other organizations;
• engage in commercial activities that do not contradict the goals of the party;
• unite with Russian and foreign public organizations.

The difference between a political party and a commercial organization is the absence of obligations: party members do not pay the party’s debts, and all funds and property transferred to the party become the property of the party. Also, a political party cannot be recognized.

1.2. A political party must operate under the following conditions:

• have branches in 43 or more regions of the Russian Federation with a total number of party members of at least 500 people, adults and with Russian citizenship (previously 50 thousand members were required);
• publish its charter and program in the public domain;
• ensure diversity of the list of candidates for deputies based on professional, gender and nationality;
• allow the presence of government officials at open party events.

These requirements are aimed at maintaining maximum transparency of the political activities of the public association and ensuring free access for everyone to join the party. There are no such requirements for business companies.

1.3. A political party is prohibited from:

• locate management and divisions outside of Russia;
• hold unapproved public events, including those related to elections;
• force people to join the party;
• admit into the party citizens who are already members of another party.

There is also a general ban on violating Russian laws and other people's constitutional rights and freedoms.

The legal status of a political party is emphatically democratic and allows representatives of the most popular worldviews to participate in public administration. The leading parties in the election results are provided with state financial support, and conditions are created for covering their activities in the media.

2. What documents will be needed?

Registration of a political party requires an expanded list of documents compared to registration of other legal entities.

2.1. Standard documents include:

• application in form No. Р11001, which indicates the passport and contact details of the applicants, as well as the address at which contact with the party is carried out;
• the charter of a political party, drawn up in accordance with increased requirements: one printed copy and two stitched and numbered copies (usually a paper indicating the number of sheets in the document, the signature of the applicant and the seal of the party is glued to the place of fastening);
• the decision of the founding congress on the creation of the party, confirmed by a protocol indicating all delegates from 43 regions (at least two delegates from each) and the distribution of votes (50% + 1 is sufficient);
• payment order for payment of state duty in the amount of 3,500 rubles (and 3,500 rubles for each regional branch).

The charter is the key document for registering a political party. It must be adopted by a majority vote in the presence of a quorum, i.e. in the presence of delegates from 43 or more regions. The charter must cover the following issues:

• purpose of creation and subject of activity;
• legal status of party members, grounds for joining and expulsion from the party, maintaining statistics on membership;
• management structure of the party and its regional branches, including financial issues;
• ways to participate in public administration;
• name and location of the party. The following requirements are imposed on the name of the party: it should not be similar to names already used by someone, including proper names, and should not be offensive to anyone; unlike other legal entities, a party can use a reference to the Russian Federation in its name.

2.2. Specific documents submitted for registration of a political party include:

• the program of a political party, which indicates its goals and objectives, principles and methods of functioning;
• a newspaper distributed throughout Russia, with an announcement about the holding of a founding congress (usually Rossiyskaya Gazeta is used for these purposes, because its publications are free, but there is also a minus - advertisements must be submitted there at least a month and a half before the congress, including 2 weeks for publication and mandatory warning one month in advance);
• minutes of meetings of 43 or more regional branches indicating the number of party members.

2.3. Registration of a party may be suspended for up to 3 months due to non-compliance of the submitted documents with legal requirements. If the reasons are eliminated as quickly as possible, the registration process is resumed.

The reasons for refusal of registration are standard:

• potential violation of constitutional, civil (including intellectual property rights), administrative or criminal legislation (extremism is highlighted separately);
• provision of documents incompletely, late and/or in violation of the order of registration (the latter does not apply to the content of the political program).

The dates of all documents must correspond to the dates specified in other documents submitted.

3. When and where to apply to register a party?

Unlike other legal entities, registration of a political party is not permissive, but notifying in nature, i.e. the party begins its existence from the moment when the decision to create it was made. By the time such a decision is made, the required number of supporters must be recruited (from two or more candidates for party membership in 43 or more regions, with a total number of at least 500 people). At the same time or immediately after the decision to create a party is made, the following issues must be resolved:

• on the content of the charter and political program;
• on the formation of regulatory, executive and supervisory bodies of the party.

The decision to establish a party is made at a congress organized by a special committee of 10 people. Since holding meetings without notifying the authorities is punishable by administrative fines of 10 thousand rubles under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, it is necessary to notify the Ministry of Justice about the future founding congress. The notice is sent with a delivery estimate no later than 10 calendar days before the congress, but not earlier than 15 calendar days. Address of the Ministry of Justice in Moscow: Zhitnaya street, building 14, for postal items indicate the index 119991, city service post office No. 1. Attached to the notice:

• passport and contact details of 10 members organizing the founding congress;
• minutes of the committee meeting defining the boundaries of responsibility of its members and the procedure for resolving financial issues.

Within a month after the Ministry of Justice receives a notice, the committee is obliged to publish a corresponding announcement in Rossiyskaya Gazeta, and, if desired, in additional media (preference is given to printed publications).

Documents for registration of a political party are submitted to the Federal Tax Service inspection through the Ministry of Justice within six months from the date of the decision on establishment. The Ministry of Justice makes a decision on state registration of a political party and submits documents to the tax office. The deadlines for completing registration actions by the Federal Tax Service are standard: 5 working days for registration and 1 working day for notifying the Ministry of Justice. The ministry, in turn, notifies the party’s organizing committee within three days.

Within two weeks after receiving an extract from the Ministry of Justice on state registration, a political party must send information about its goals and principles of activity to Rossiyskaya Gazeta. This information is also published free of charge for two weeks.

4. How do regional offices work?

Registration of regional branches of a political party is mandatory; if the number of branches is insufficient, six months after registration the party is subject to exclusion from the unified state register and disbandment. One subject of the Russian Federation can have only one regional branch, the name of which will reflect its territorial affiliation, but the number of local and primary branches is not limited.

To register a branch, you must contact the regional department of the Ministry of Justice with the following documents:

• a corresponding statement indicating the passport and contact details of the citizens who signed it;
• a copy of the decision on the creation of a territorial branch;
• a copy of an extract from the Unified State Register of Legal Entities in relation to the party;
• copies of the charter and political program;
• a copy of the minutes of the party meeting indicating the number of party members in the region with a list attached and the address of the governing bodies;
• receipt for payment of state duty in the amount of 3,500 rubles.

All copies must be certified by party leaders: either with the words “Copy is correct” with a date and signature on each page, or in stitched form with a single inscription over the seam.

The grounds for refusing to register branches are the same as the grounds for refusing to register the party itself.

The governing bodies of regional branches, as well as the entire party, are elected by secret ballot. The procedure for interaction between management bodies and resolution of financial issues is determined by the charter.

Main regulatory documents:

• The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993;
• Civil Code of the Russian Federation, part one of November 30, 1994 N 51-FZ;
• Federal Law of July 11, 2001 N 95-FZ “On Political Parties”;
• Federal Law of 08.08.2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”;
• Federal Law of June 12, 2002 N 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”;
• Federal Law of June 19, 2004 N 54-FZ “On meetings, rallies, demonstrations, processions and pickets.”

The Aspect Legal Center will help register a political party in Moscow and prepare documents for registering regional branches of a political party. It is possible for a specialist to travel to the client’s location within Moscow.

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 a 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 the 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 acceptance of the application by the judge of the Supreme Court was justifiably refused.

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.

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 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

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.

Public initiative 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);
• 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.

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.

Status of the organizing committee

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

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.

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

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.

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