Law on political parties. Law on political parties Federal law 95 fz on political parties

The modern state-legal system of the Russian Federation is characterized by a multi-party system. Given this fact, the decision to adopt a law on political parties was also due to the need for a more precise definition of the meaning of politics in conjunction with civil society institutions. Given the rapid changes in the legal sphere, the quantitative growth in the state party membership, there was a need to create a new law.

Adopted by the State Duma on June 21, 2001, approved by the Federation Council on June 29 of the same year, the Federal Law "On Political Parties" N 95-FZ regulates the identity of all parties before the law. At the same time, their ideologies and purposefulness do not matter.

The right provided for by the Federal Law “On Political Parties” allows one to voluntarily join or refrain from joining political parties, to create and participate in their direct activities. In choosing the direction of a public association, a citizen is guided solely by his own interests and ideology.

One of the main tasks of the current law 95-FZ is the regulation of social relations that arise in the process of citizens exercising their constitutional right to organize political movements. It is important to ensure legal and social security in the face of differences in political views and aspirations in society.

Modern legislation states that a political party is created freely, on a voluntary basis. Any pressure from federal and administrative bodies on its founders is regarded as unlawful.

Article 3 of the law in question gives a clear explanation of the internal structure of a political party. According to the text of the second part of the article, it must meet the following criteria:

• Regional branches of each should be based in at least half of the constituent entities of the Russian Federation. In each of the cities there can be only one branch of a particular public organization.
• The minimum number of members of such an association should be 500 people.
  The headquarters of the leadership and all regional offices of the political party are located on the territory of the Russian Federation.
• The party emblem should be different from the symbols of the Russian Federation and other states. All matches are excluded in this case. An image that is offensive or threatening in relation to the state and its citizens cannot be used as personal symbols. Also, when using this or that image, copyrights should not be violated (Article 7, parts 1-3).

Subject to all the above conditions and with the appropriate decision taken at the founding congress, a political party is considered to be established. It should be clarified that any party decision is made on the basis of an overwhelming majority of votes of politicians representing at least half of the territorial subjects of the Russian Federation.

A new socio-political association is entered in the state register as a legal entity. From that moment on, he can carry out the prescribed propaganda and informational acts that do not contradict the statute of the Constitution of the Russian Federation (Article 11, parts 2, 3).

According to the current law 95-FZ, the actions of a political party cannot be secret. All its activities should be open and subject to structural analysis. The principles and ideology professed by this or that party should not violate the constitutional rights of citizens, threaten their lives or freedoms, regardless of gender, ethnicity, religion of these people. Otherwise, such a community is recognized as extremist, and, as a result, illegal.

The liquidation of a political party may be proclaimed at a congress based on the votes of a majority of its members. However, it can be abolished by decision of the Supreme Court of the Russian Federation. This happens in the following cases:

• Non-compliance with the standards specified in paragraphs 4 and 5 of Art. 9 95-FZ;
• Failure to take timely measures to stop violations, due to which the activity of the party was previously temporarily suspended;
• Refusal to participate in elections (Article 37);
• Qualitative non-compliance of regional branches with the requirements of subparagraph “a” of Part 2 of Art. 3;
• The presence of ideology, agitation and activities recognized as extremist.

Thus, the state ensures the political and social security of citizens, not allowing the growth of racial, ethnic and class hostility.

Like any other modern law, 95-FZ periodically undergoes revisions and changes. This is due to the constantly and rapidly changing political and socio-economic situation in the state.

The last amendments to Federal Law No. 95 "On Political Parties" were made on December 28, 2016 and entered into force on March 1 of the following year.

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The new edition of the Law on Political Parties is available on our website. You can download the text of the current Federal Law "On Political Parties" N 95-FZ

Recent changes made to the law on parties in the Russian Federation

Federal Law No. 505-FZ, adopted by the State Duma on December 28, 2016 and approved by the Federation Council on March 1, 2017, made the last amendments to the law of the Russian Federation on political parties in the Russian Federation.

These changes relate to paragraph 9 of article 26.3 of the law in question. The specified part of the article is supplemented by an indication that the concept of "foreign financial instruments" from now on must be considered based on the definition of the Federal Law of May 7, 2013 N 79-FZ.

The original text of the article said that until the moment of nomination of his candidacy as a member of a particular party, a citizen is obliged to close all his accounts in foreign banks. He is also obliged to refuse to store his own savings and valuables in banks located outside the Russian Federation - in fact, to refuse from "foreign financial instruments".

Since March 1, 2017, an addition has been made to the specified text, stating that the concept of "foreign financial instruments" from now on must be considered based on the definition of Federal Law No. 79-FZ of May 7, 2013.

Earlier in 2016, another equally important amendment was made to the Federal Law “On Political Parties” N 95-FZ. According to this change, adopted on February 19, 2016, the text of paragraph 8 of Article 25 states that absolutely all intra-party processes, from the activities of regional branches to the amounts of membership fees by members of the association, are resolved in accordance with the charter of this organization.

Also, this amendment to the specified article of the law under consideration was added paragraph 9. According to this part of the article, members of the political community are given the right not to elect their head.

Recognition of ideological and political diversity, as well as the principle of a multi-party system, is one of the unshakable foundations of the Russian Constitution. This enables the state to guarantee the legitimate parity of political blocs, and the citizen to make a conscious democratic choice in favor of a certain political unit, if its ideas and goals correspond to his interests to the maximum extent possible. To approve the basic provisions of a multi-party system, the Federal Law of July 11, 2001 N 95-FZ "On Political Parties" was developed.

Contents of the law on political parties

The law on political parties in the Russian Federation was submitted for consideration to the State Duma in 2001 on 06/29/2001. It was adopted by the chamber of the Federal Assembly, the approval of the law by the Federation Council of Russia dates back to 06/29/2001. The last amendment to the law was made on 12/5/2017. As a subject of legislative regulation, it regulates the following list of general points, such as:

• Civil rights: the rights of citizens to create, join, participate in and leave the party or complete neutrality in this process, if it turns out that the personal convictions and interests of the individual lie outside politics as such;
• The concept, structure and functioning of the party: its role as a tool for expressing the will of society through the voluntary participation of its members in any political (elections, referendum, protests, etc.) events throughout the territorial space of Russia. Being essentially an organizational and legal form of legal entities, a political party is obliged to have regional representations in most of the territorial units of the Russian Federation. 95 federal law clearly defines the number of members in the party and in each individual regional branch. Information about the party program should be as transparent as possible and accessible to all segments of the population. The law guarantees free membership in the party to representatives of any gender, regardless of material status or other reasons that may violate the rights of citizens prescribed in the Constitution;
• Name: according to this paragraph, a number of provisions are approved, according to which the leaders of a political formation must choose a name for it. The law prescribes that the name cannot contain words or symbols that do not comply with the laws of the country and / or are the subject of an insult to the racial and religious feelings of its citizens. It is forbidden to use personal initials (full names) and the names of authorities;
• Symbolism: a detailed description of the emblem and paraphernalia of the party must be present in its charter. It is not allowed to use images or symbols that violate the copyright / intellectual rights of already existing organizations (including foreign ones), organizations or formations banned in the Russian Federation, as well as offensive or defamatory symbols. The use of religious paraphernalia is not permitted;
• Restrictions: The main statute of Law No. 95-FZ prohibits the formation of political parties whose activities are recognized as extremist. This article is a guarantee that the goals and program of a single political formation will not be aimed at inciting contradictions of a social and professional nature (it is understood that party members cannot be representatives of only one profession), religious, national, racial conflicts. It also provides for the distancing of parties from the educational process and prohibits foreign nationals from establishing their political cells in Russia;
• Participation of the state in the life of the party: its activities are freed from the influence of the state on it. This rule also works in the opposite direction - party members are not authorized to interfere in the activities of government bodies. In addition, members of a political cell are strictly prohibited from using their status or extracting personal benefits through their social position or party role.

In addition to general provisions, the law of the Russian Federation on political parties in the Russian Federation regulates the specifics of the functioning of political parties, starting with the stage of their creation and ending with the process of liquidation or reorganization of the structure. Chapters II - X of Law 95-FZ consider in detail the key aspects for the following provisions:

• Process of creation;
• Registration at the state level;
• Internal structure (charter, goals, program, membership);
• Rights and obligations (type of activity, property and procedure for disposing of party finances, charitable activity and distribution of subsidies in regional cells);
• State support;
• Elections and referendums – participation;
• Stopping activities;
• Additions, final provisions, etc.

Read the main provisions of the Federal Law on the Bar

Recent amendments to Federal Law 95

Over the past 17 years, federal law 95-FZ has undergone a number of adjustments in accordance with changes in the political and social life of society and the state as a whole. The latest version is dated December 5, 2017. According to the new version, four articles of the law have been modified.

Subparagraph "a" of paragraph 1 of Article 29

Compared to the previous edition, the new version provides for a more specific determination of the size of fees, membership and introductory, for each member of the party. In particular, the maximum amount of the amount paid during one year is controlled. This refers to a calendar year, while the amount should not exceed the number of donations from one individual (see paragraph 8 of Article 30 of the Federal Law 95).

Paragraph 5 Article 34

This amendment is aimed at clarifying information regarding the receipts and expenditures of financial resources. Information on funding resources, the value of property and the amount of money received on the accounts of the party and its branches must contain a complete list of information. For example, it should be clear who made the donation and what its purpose is. Information about the personal data of a party participant is provided if the amount of contributions exceeds the threshold established by the CEC of the Russian Federation.

Paragraph 6 Article 34

The changes concern the general financial report, which is compiled by the party. The article provides for a process for the submission by party members of aggregate data indicating the amount and source of subsidies. This includes information on loan agreements indicating the percentage of cash loans, details of the lender, the amount of the annual rate, terms and conditions of the loan. As in the previous paragraph, the changes also affected the procedure for providing information on membership fees. This is necessary if their amount exceeds the amount established by the Central Electoral Commission of the country.

Paragraph 7 Article 34

This item has not undergone significant changes. The phrase about the procedure for compiling the form of the financial report of a political party (in printed and virtual form) was corrected. The latter, as mentioned above, is regulated by the CEC of Russia.

Download 95 Federal Law in the latest edition

Federal Law "On Political Parties" dated July 11, 2001 N 95-FZ contains comprehensive information. Its study requires a thoughtful approach and a sufficient amount of time.

You can get acquainted with the full version of the law.

1. A political party, its regional branches and other structural subdivisions act on the basis of the charter of a political party and in accordance with it.

2. The charter of a political party must contain provisions defining:

A) the goals and objectives of the political party;

B) the name of the political party, including the abbreviated name, as well as a description of the symbols (if any);

C) the conditions and procedure for acquiring and losing membership in a political party, the rights and obligations of its members;

D) the procedure for registering members of a political party;

E) the procedure for the creation, reorganization and liquidation of a political party, its regional branches and other structural divisions;

E) the procedure for electing the governing and control and auditing bodies of a political party, its regional branches and other structural divisions, the term of office and the competence of these bodies;

G) the procedure for introducing amendments and additions to the charter of a political party and its program;

h) the rights of a political party, its regional branches and other structural subdivisions in the field of managing funds and other property, the financial responsibility of a political party, its regional branches and other structural subdivisions and the reporting procedure of a political party, its regional branches and other structural subdivisions;

i) the procedure for the nomination by a political party of candidates (lists of candidates) for deputies and other elective positions in state authorities and local self-government bodies, including in repeat and by-elections; (As amended by Federal Law No. 93-FZ of July 21, 2005)

J) the grounds for and procedure for recalling candidates, registered candidates for deputies and other elective positions in government bodies and local self-government bodies, nominated by a political party, its regional branch, other structural unit entitled to participate in elections, the procedure for excluding candidates from nominated political by the party, its regional branch, other structural subdivision having the right to participate in elections, lists of candidates; (As amended by Federal Law No. 93-FZ of July 21, 2005)

L) (No longer valid - Federal Law of 02.10.2012 N 157-FZ)

3. The charter of a political party may also contain other provisions relating to its activities and not contradicting the legislation of the Russian Federation.

4. Changes made to the charter of a political party are subject to state registration in the same manner and within the same timeframe as the state registration of the political party itself, and acquire legal force from the moment of such registration.

For the state registration of changes made to the charter of a political party, a state fee is charged in the manner and in the amount established by the legislation of the Russian Federation.

During the state registration of changes made to the charter of a political party, the federal authorized body is not entitled to present claims to the political party that are not related to changes made to its charter. (Clause as amended by Federal Law No. 31-FZ of March 21, 2002)

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

The subject of regulation of this Federal Law are public relations arising in connection with the exercise by citizens of the Russian Federation of the right to unite in political parties and the peculiarities of the creation, operation, reorganization and liquidation of political parties in the Russian Federation.

The right of citizens of the Russian Federation to join political parties includes the right to create political parties on a voluntary basis in accordance with their convictions, the right to join political parties or to refrain from joining political parties, the right to participate in the activities of political parties in accordance with their charters, and the right to freely withdraw from political parties.

1. A political party is a public association created for the purpose of the participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in state bodies authorities and local governments.

a) a political party must have regional branches in more than half of the constituent entities of the Russian Federation, while only one regional branch of this political party can be created in a constituent entity of the Russian Federation;

before January 1, 2010 - at least fifty thousand members of a political party, while in more than half of the constituent entities of the Russian Federation a political party must have regional branches of at least five hundred members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law. In other regional branches, the number of each of them cannot be less than two hundred and fifty members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law;

from January 1, 2010 to January 1, 2012 - at least forty-five thousand members of a political party, while in more than half of the constituent entities of the Russian Federation a political party must have regional branches of at least four hundred and fifty members of a political party in accordance with paragraph 6 of Article 23 of this federal law. In other regional branches, the number of each of them cannot be less than two hundred members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law;

from January 1, 2012 - at least forty thousand members of a political party, while in more than half of the constituent entities of the Russian Federation a political party must have regional branches of at least four hundred members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law. In other regional branches, the number of each of them cannot be less than one hundred and fifty members of a political party in accordance with paragraph 6 of Article 23 of this Federal Law;

3. A regional branch of a political party in this Federal Law means a structural subdivision of a political party established by decision of its authorized governing body and operating on the territory of a constituent entity of the Russian Federation. In a constituent entity of the Russian Federation, which includes (includes) an autonomous okrug (autonomous okrugs), a single regional branch of a political party may be created. Other structural subdivisions of a political party (local and primary branches) are created in the cases and in the manner prescribed by its charter.

nomination of candidates (lists of candidates) for the elections of the President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, elected officials of local self-government and to the representative bodies of municipalities, participation in these elections, and also in the work of elected bodies.

5. A political party represented in the State Duma of the Federal Assembly of the Russian Federation, in this Federal Law, means a political party whose federal list of candidates is admitted to the distribution of deputy mandates in the State Duma of the Federal Assembly of the Russian Federation, or a political party whose federal list of candidates has received a deputy mandate (deputy mandates transferred) in accordance with Article 82.1 of the Federal Law of May 18, 2005 N 51-FZ "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation".

The activities of political parties are based on the Constitution of the Russian Federation and are regulated by federal constitutional laws, this Federal Law and other federal laws.

1. In the name of a political party, both full and abbreviated, it is not allowed to use 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 due to violation of paragraph 1 of Article 9 of this Federal law.

5. The name of a political party must comply with the requirements of the legislation of the Russian Federation on the protection of intellectual property and (or) copyright. It is forbidden to use the name of a political party that offends racial, national or religious feelings.

1. A political party may have its own emblem and other symbols, the exact description of which must be contained in the charter of the political party. The symbols of a political party must not 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.