How to create a legal political party in Russia. “I have compiled instructions: how to create a political party

Russian society can be depicted as a sinusoid. At certain periods it becomes violent, then declines. Before the elections, political forces begin to be active. It is mainly aimed at agitating supporters. At the first stage, the party must be registered. Officially, the force is already recruiting fans of its idea and active adherents. Let's look at how a political party is registered, whether there are any difficulties in this process, and how to get around them.

Creation principles

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

Two ways to create a party

The state tries not to limit positive political societies. Currently, it is legally established that parties are created in two ways. They cover those processes that are characteristic of society and do not pose a threat to undermine state foundations. The first way is to unite citizens. That is, people can get together, agree and start promoting their political views. The second way is to transform an already existing all-Russian social movement into a party. After all, people can work together on certain problems that are not part of the political field. In the process of developing this activity, the need arises for closer interaction with the authorities, up to inclusion in its composition. Then the movement develops into a party. It is necessary to understand that these are two different processes. Consequently, the procedure for registering a political party differs in their nuances and features. If you want to start working in the political field, you should understand this well.

Party registration procedure

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

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

From the moment of a positive vote on these issues, a political force is considered created. If a social movement is transformed into a party, then you only need to make a change in the register of legal entities. This is enough to change the status of the organization. Let's move on to a detailed consideration of both processes.

and political power

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

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

If everything is completed correctly, the indicated department confirms in writing that it received the notification. The task of the organizing committee is to hold the founding meeting. The time allotted for this is no more than a year. And within a month, the organizing committee is obliged to publish information about its initiative. The creation of a party is a public process. That’s why you have to work with the media constantly.

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. It also makes up the balance. The organizing committee collects donations, which are spent on creating a political force. In addition, the registration of the party in Russia is on the shoulders of the members of this temporary body. However, their rights are limited a priori. After all, after the official registration of the party, the organizing committee is obliged to transfer all funds to its leadership.

Nuances of work

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

Founding Congress

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

Transformation of an association into a party

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

POLITICAL PARTIES ARE CREATED freely: their creation does not require sanction or permission from government bodies. Being a public association, the party is created only by citizens who have the right to belong to political parties. However, the process of creating a party, its “birth” is regulated by federal law and is carried out according to a strictly defined formal procedure.

The law provides for two ways to create parties. Depending on the choice of one of them, various requirements are established for the order and procedure for the creation and registration of such organizations: its formation at the founding congress and its creation through transformation of an all-Russian public organization or an all-Russian social movement. In the first case, the party is created directly by citizens. In the second case, it becomes a previously created all-Russian public association, registered as an organization (an association based on membership) or a movement (an association without membership).

Depending on which method of creating political parties is chosen, the sequence of actions and the scope of procedural requirements vary. The moment when a party is officially recognized as created also varies.

Thus, a party formed at the founding congress is considered created from the moment it (the congress) made 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 Russian Federation, on the adoption of its charter and program, on the formation of its leadership and control - audit bodies.

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.

The ORGANIZATIONAL COMMITTEE is created by citizens of the Russian Federation who have the right to be members of a political party to prepare, convene and conduct its founding congress.

The organizing committee must have at least 10 people who have the right to be members of a political party. The creation of the organizing committee is formalized at their joint meeting.

The organizing committee must notify the authorized body of Rosregistration (Federal Registration Service) of its intention to create a party. Along with the notification, the following are sent to the specified authority:

– information about at least 10 members of the organizing committee indicating their details (full name, citizenship, contact numbers);

– minutes of the meeting of the organizing committee, which indicates the purpose of its creation, term of office (no more than a year), location, procedure for using funds and other property of the organizing committee, detailed (including passport details) information about the member of the organizing committee authorized to open an account for forming funds for the organizing committee and concluding civil contracts to ensure its activities.

Rosregistration is charged with the obligation to ensure the issuance of a document confirming receipt of such notification immediately on the day it receives notification of the creation of the organizing committee. The only reason for refusal may be the absence or improper execution of the necessary documents. After which, within a month, the organizing committee is obliged to publish in one or more all-Russian periodicals information about the intention to create a political party and about the submission of relevant documents to Rosregistration.

The Organizing Committee independently determines the order of its activities. During his term of office, he must complete the main task - to hold the founding congress of the party. For these purposes, the committee carries out organizational, information and propaganda activities aimed at forming regional branches of the party in the constituent entities of the Russian Federation, including holding meetings of its supporters to elect delegates to the founding congress. In addition, the organizing committee, through an authorized person designated by it, opens a current account in one of the credit institutions of the Russian Federation.

According to its legal status, the organizing committee is not a legal entity. At the same time, it de facto possesses certain characteristics of a legal entity, defined in Article 48 of the Civil Code of the Russian Federation. This is, first of all, the fact that he has an independent balance sheet and cost estimate, which follows from the fact that he has a current account in one of the credit institutions. In addition, within the meaning of paragraph 3 of Article 1 3 of the Federal Law “On Political Parties”, the organizing committee has at its disposal not only funds, but also other separate property. However, the real rights of the organizing committee to own, use and dispose of property are limited. In particular, the organizing committee is obliged, if a party is created, to transfer to it funds, other property and a financial report on their use, indicating the sources of their receipts.

The source of funds for the organizing committee is donations in the form of cash and other property from individuals and legal entities. Fundraising is carried out by the organizing committee, taking into account the requirements and restrictions established for donations to political parties.

The maximum period of activity of the organizing committee cannot exceed one year. If the organizing committee does not hold the founding congress of the party within the established term of its powers, it ceases its activities. The remaining funds of the organizing committee are transferred to donors in proportion to the donations made, other property is returned to them, and if return is impossible, the money and property are turned into the income of the Russian Federation.

Since since January 2006, Federal Law No. 168-FZ of December 20, 2004 has significantly tightened the requirements for the number of political parties (the minimum number has been increased from 10 thousand to 50 thousand members), the duration of the activities of organizational committees formed for the preparation, convening and the holding of founding congresses of political parties before the law came into force, was extended by six months.

SINCE THE CREATION of political parties takes place publicly, the date and location of the founding congress must be made public in advance. The organizing committee of the party publishes information about the place and date of the founding congress in Rossiyskaya Gazeta or other all-Russian periodicals. The specified information is published no later than a month before the day of convening the founding congress.

Rossiyskaya Gazeta is obliged to publish information free of charge about the place and date of the founding congress of a political party 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 Russian 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 constituent entities of the Russian Federation must be represented by at least three delegates.

A political party is considered created from the day the founding congress makes decisions on its creation, on the formation of its regional branches in more than half of the constituent entities of the Russian Federation, on the adoption of its charter and program, on the formation of its governing and control and audit bodies. Decisions of the founding congress of the party on these issues are made by a majority vote of the delegates to the founding congress.

The founders of a political party are the delegates to the founding congress.

IN THE CASE OF TRANSFORMATION OF AN all-Russian public organization or an all-Russian social movement into a political party, the congress of the all-Russian public organization or all-Russian social movement makes decisions on the transformation of the relevant organization or movement into a political party, on the transformation of their regional divisions in the constituent entities of the Russian Federation into regional branches of a political party, on the adoption its charter and program, on the formation of its governing and control and audit bodies.

Information about the place and date of the congress of an all-Russian public organization or an all-Russian social movement convened to transform it into a political party is published by the relevant organization or movement in Rossiyskaya Gazeta or other all-Russian periodicals.

The specified information is published no later than a month before the convening of the congress of an all-Russian public organization or an all-Russian social movement convened to transform it into a 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 delegates representing regional branches of an all-Russian public organization or an all-Russian social movement located in the territories of more than half of the constituent entities of the Russian Federation and predominantly residing in these constituent entities of the Russian Federation took part in its work.

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.

NO. THE POSSIBILITY OF CONVERSION into a political party is provided only for all-Russian public associations created in the organizational and legal form of a public organization (an association based on membership) or a social movement (an association without membership). Interregional, regional, local public associations do not have such a right.

Accordingly, in order for a non-partisan public association (organization or movement) to have the opportunity to transform into a political party, it must first receive the status of an all-Russian one, which in turn requires the presence of regional branches in more than half of the constituent entities of the Russian Federation.

The transformation of a regional or interregional public association into an all-Russian one requires appropriate re-registration with Rosregistration. After the fact of transformation has been officially confirmed and documented, the public association may decide to transform into a political party in the manner prescribed by Article 14 of the Federal Law “On Political Parties”.

THE 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 Russian Federation, on the adoption of its charter and program, on the formation of its governing and control and audit bodies. 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 its receipt of a document confirming the fact of making an entry about it in the unified state register of legal entities.

When creating a political party by transforming an all-Russian public organization or an all-Russian social movement into a political party, the party is considered created from the date of making the corresponding entry in the unified state register of legal entities.

THE BASIC DOCUMENTS of a political party are its program and charter. The latter is the main organizational and legal document that determines the activities of a political party, its regional branches and other structural units.

The charter of a political party must contain provisions defining:

– goals and objectives of a political party;

– the name of the political party, including its abbreviation, as well as a description of the symbols (if any);

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

– the procedure for registering members of a political party;

– the procedure for the creation, reorganization and liquidation of a political party, its regional branches and other structural units;

– the procedure for electing the governing and control and audit bodies of a political party, its regional branches and other structural units, the term of office and competence of these bodies;

– the procedure for making changes and additions to the charter of a political party and its program;

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

– the procedure for the nomination of candidates (lists of candidates) by a political party for deputies and other elective positions in state authorities and local governments, including in repeat and by-elections; the grounds and procedure for recalling candidates nominated by a political party, regional branch, other structural unit that have the right to participate in elections, registered candidates for deputies and other elective positions in state authorities and local governments, the procedure for excluding candidates from those nominated by a political party, regional department, other structural unit that has the right to participate in elections, lists of candidates.

The charter of a political party may also contain other provisions related to its activities and not inconsistent with the legislation of the Russian Federation. Changes made to the charter of a political party are subject to state registration in the same manner and within the same time frame as the state registration of the political party itself, and acquire legal force from the moment of such registration. For state registration of changes made to the charter of a political party, a state fee is charged in the manner and in the amounts established by the legislation of the Russian Federation.

According to the Federal Law on Political Parties, a mandatory condition for state registration is the presence of a party program adopted by the congress - delegation of authority to adopt the program to other governing bodies is unacceptable under any circumstances. The presentation of a party program during its registration is caused by the need to confirm the declared political nature of its activities.

In order to ensure accessibility, the texts of the charters and programs of political parties are posted by the authorized body (Rosregistration) on a special website in the public information and telecommunications network (Clause 4 of Article 19 of the Federal Law “On Political Parties”).

A KEY POINT in the legitimation of political parties, during which their legal status receives official confirmation and parties acquire the rights of a legal entity, is their state registration. Depending on national legislation, registration of political parties is carried out in various bodies: ministries of the interior (Austria, Spain, Italy, France), ministries of justice (Belgium, the Netherlands), the body responsible for ensuring the conduct of elections (Brazil, Peru), the ministry of cases of territories (Congo), in courts of general jurisdiction (Angola, Bulgaria, Portugal, Poland) or in bodies specially created for registration of parties (Ethiopia).

The registration regime for political parties can be defined as special, having distinctive features from the general procedure for registering legal entities. The specificity of registration is manifested in the fact that Rosregistration carries out not only formal (in terms of the completeness and correctness of the submitted documents), but also substantive control over the compliance of the constituent documents of parties with the requirements of current legislation. Accordingly, the possibility of refusing registration is not limited to failure to submit the necessary documents or submission of documents to the wrong registration authority, but also provides for other grounds.

Registration takes place after the founding congress of the party. The deadline for submitting documents required for state registration of a party, determined by law, is six months from the date of the founding congress of a political party or all-Russian public association that decided to transform the all-Russian public organization or all-Russian social movement into a political party. Failure to comply with this deadline is grounds for refusal to accept documents, which may lead to the need to carry out the procedure for creating a batch “anew.”

In 2001-2003 The parties “Civil Union”, the Orthodox Party of Russia, the Green Party of the Russian Federation and the Union Party for the Revival of Russia, the Party of Economic Freedom, the Party of Justice and Development of Russia, the Party of Shareholders and Investors failed to meet the 6-month deadline allotted by law.

The federal authorized body (Rosregistration) annually publishes a list of political parties and their regional branches as of January 1 in all-Russian periodicals and places this list indicating the registration date of each political party and each of its regional branches (clause 4 of article 19 of the Federal Law " About political parties").

IN ACCORDANCE WITH ARTICLES 16 and 17 of the Federal Law “On Political Parties”, for state registration, a political party submits to Rosregistration, a government body authorized to perform functions in the field of registration of political parties:

1. Application signed by authorized persons of the political party indicating their full names, addresses and contact telephone numbers. If a party is created through the reorganization of an all-Russian public association (organization, movement), the application must be signed by authorized persons responsible for their transformation into a political party, indicating the full name, residence addresses and contact telephone numbers of such persons. Application forms were approved by Order of the Ministry of Justice of Russia dated July 12, 2002 No. 199.

2. Two copies of the charter of the political party in bound form with numbered pages, certified by authorized persons of the political party, as well as the text of the charter in machine-readable form.

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 the decisions of its founding congress, certified by authorized persons of the party, on the creation of a political party, on the adoption of its charter and program, on the creation of its regional branches, on the formation of its governing and control and audit bodies (indicating data on the representation of delegates at the founding congress and the results voting). If parties are created through the reorganization of an all-Russian public organization or an all-Russian social movement, then copies of the congress decisions on their transformation into a political party, on the adoption of its charter and program, on the transformation of regional branches of the relevant organization or movement into regional branches of a political party, on the formation of its leadership and control and audit bodies.

5. Document confirming payment of state duty.

6. A copy of an all-Russian periodical printed publication in which information about the place and date of the founding congress of the party is published.

7. Information about the address (location) of the permanent governing body of the political party, through which communication with the political party is carried out.

8. Copies of minutes of conferences or general meetings of regional branches of the party held in more than half of the constituent entities of the Russian Federation. The minutes of conferences and meetings of regional branches of the party must contain instructions on the number of party members. This information must comply with the requirements set by law for the number of regional branches (at least 500 members, in most constituent entities of the Russian Federation). The decisions of the party congress and the minutes of conferences of its regional branches necessary for registration must be certified by their authorized representatives.

The forms of documents used for state registration of a public association (including a party) are approved by Order of the Ministry of Justice of Russia dated December 5, 2003 No. 310, which contains a number of additional requirements for the application form (in particular, it is stipulated that it should be submitted to notarized, and not in simple written form by filling out a form).

In the case of transformation of a public organization or social movement into a political party, the list of documents submitted for state registration is slightly different. Firstly, since in this case the party will be officially considered created from the moment of its registration, all necessary documents are accepted on behalf of the public association being transformed and submitted to the registration body by its representatives. Secondly, it is necessary to additionally attach the deed of transfer of a public organization or social movement to the list of documents.

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

– a copy of the decision of the founding congress of a political party, or the congress of an all-Russian public organization or an all-Russian social movement, or an authorized body of the party on the creation (transformation) of regional (territorial) branches of a political party;

– a copy of the document on state registration of the political party certified by authorized persons of the political party;

– copies of the charter and program of the political party certified by authorized persons of the political party;

– a copy of the minutes of the conference or general meeting of the regional branch of the political party, certified by authorized persons of the regional branch of the political party, indicating the number of members of the regional branch, as well as the location of its governing bodies;

– document confirming payment of state duty;

– 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 is carried out;

– list of members of the regional branch of a political party.

The list of documents required for registration, defined in Articles 16 and 17 of the Federal Law “On Political Parties”, is exhaustive - the justice body does not have the right to require the submission of other documents for registration.

Samples of documents required for state registration of a political party and its regional branch by the federal authorized body (Rosregistration) are posted on a special website in the public information and telecommunications network.

IN ACCORDANCE WITH ARTICLE 20 of the Federal Law “On Political Parties,” a political party may be denied state registration on a number of grounds:

1. The provisions of the charter of a political party contradict the Constitution of the Russian Federation, federal constitutional laws, the Federal Law “On Political Parties” and other federal laws (contradictions of the charter with the laws of the constituent entities of the Russian Federation and by-laws are not grounds for refusal). As practice shows, such contradictions are most often expressed in the presence in the charter of provisions that are incompatible with the status of the party, in violation of the principles of the creation and activities of political parties, in the presence of legal gaps on issues that, in accordance with paragraph 2 of Art. 21 of the Federal Law “On Political Parties” must be regulated by the party charter, as well as insoluble internal contradictions of the charter.

2. The name and (or) symbols of a political party do not comply with the requirements of Articles 6 and 7 of the Federal Law “On Political Parties”. The discrepancy may be expressed in a violation of the ban on using in the name of a political party the names of state authorities and local government, indications of signs of nationality or religious affiliation, as well as the name and surname of a citizen. The name of the party may indicate the presence of signs of extremism in its activities.

3. The documents required by law for state registration of a political party have not been submitted. Failure to provide documents required by law, in our opinion, should be interpreted only as failure to provide a complete list of documents. However, it is necessary to distinguish submitted documents that have technical errors in their design from documents adopted in violation of the legally established procedure (in this case, such a document cannot be recognized as valid).

4. The federal authorized body has established that the information contained in the documents submitted for state registration of a political party does not comply with the provisions of the Federal Law “On Political Parties”.

5. There is a violation of the deadlines established by the Federal Law “On Political Parties” for the submission of documents necessary for its state registration.

A regional branch of a political party may be denied state registration if:

1. The documents required in accordance with the Federal Law “On Political Parties” for state registration of the regional branch of a political party have not been 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 Federal Law “On Political Parties”.

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 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 of state registration. registration of this political party or its regional branch.

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 re-submitted documents and decisions on them are carried out in the manner prescribed by the Federal Law “On Political Parties” for state registration of a political party or its regional branch.

YES IT CAN. THE FEDERAL LAW “On Political Parties” provides for the possibility of granting the rights of a legal entity not only to a regional branch, but also to another structural unit of a political party, including its local branch. The possibility of granting such a right to a local branch must be provided for in the charter of a political party. State registration of such a structural unit is carried out in the manner prescribed for state registration of a regional branch of a political party (Clause 8, Article 15 of the Federal Law “On Political Parties”). In this case, the local branch is subject to the requirements established for state registration of regional branches of a political party, with the exception of paragraphs of the second and third paragraph 2 of Article 3 of the Federal Law “On Political Parties” (in terms of requirements for the number of local branches and the impossibility of creating several branches in the territory one subject of the Russian Federation).

It is important to remember that granting a structural unit of a party the status of a legal entity (the right to enter into civil contracts, have a current account, be a plaintiff and defendant in court) does not entail the right of its independent participation in elections, the issue of which should be provided in the party charter registered separately. Situations are possible in which the local branch of a party, which is a legal entity, does not have the right to independently participate in elections, and the opposite situation: a structural unit has the right to participate in elections, but does not have the status of a legal entity. In the latter case, information about such structural units must be submitted annually to the territorial bodies of Rosregistration in the manner established by paragraphs. "b" clause 1 art. 27 of the Federal Law “On Political Parties”.

TO ANSWER this question CORRECTLY, it is necessary to accurately understand the nature of the error and the moment of its detection. Thus, technical errors contained in the party charter (violations of spelling and punctuation rules, repetitions of words, inconsistency of cases, failures in the numbering of articles and clauses of the charter) can be corrected after the adoption of the charter, but before the submission of documents for registration.

It’s another matter when the charter contains internal contradictions or legal gaps on issues that must be regulated by law. Such errors are usually the result of insufficient elaboration of documents or unsuccessful compromises: amendments proposed at the party congress are adopted “by vote”, without preliminary elaboration. Subsequently, when the legal inconsistency of individual formulations is revealed, the opportunity to correct them is already lost. In these cases, correcting errors requires convening a new party congress: otherwise, the threat of refusal of registration is more than real.

The program of a political party is presented solely for information: errors and inaccuracies contained in it cannot serve as grounds for refusal of state registration. The federal authorized body is also prohibited from requiring a political party to make any changes to its program. The only exception is the presence in it of provisions defining as the goals or actions of the party a violent change in the foundations of the constitutional system and violation of the integrity of the Russian Federation, undermining the security of the state, the creation of armed and paramilitary forces, and inciting social, racial, national or religious hatred.

CANCELLATION OF THE RECORDING OF REGISTRATION OF A POLITICAL PARTY IS CANCELLED IN THE EVENT If, after registration of the political party, regional branches are not created in a timely manner. In accordance with paragraph 4 of Art. 15 of the Federal Law “On Political Parties”, state registration of regional branches of a political party is carried out after 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 parties.

If a political party, within a month from the date of expiration of the specified six-month period, does not submit to the federal authorized body (Rosregistration) copies of documents on state registration of its regional branches in more than half of the constituent entities of the Russian Federation, the document on state registration of the political party is considered invalid, and the record of the creation of this political party is excluded from the unified state register of legal entities. These deadlines are extended if the decision to refuse state registration of a regional branch of a political party is appealed to the court and on the day of expiration of the specified deadlines, the court decision has not entered into legal force (Clause 7, Article 15 of the Federal Law “On Political Parties”).

At the beginning of the 2000s, there were dozens of registered political parties in Russia. Now there are only seven of them. So much remains due to the consistent tightening of legislation and the “prohibitive” attitude of the Ministry of Justice and Rosregistration. The functions of control over parties in the last decade have divided these structures. Politicians who tried to register their parties did not note any fundamental differences in their actions.

Today there are four parliamentary parties: “United Russia”, “A Just Russia”, the Communist Party of the Russian Federation, the Liberal Democratic Party. There are three that did not make it into the State Duma: “Patriots of Russia”, “Right Cause”, “Yabloko”.

The only “Medvedev liberalization” of legislation on the issue of registration is that the party must now have not 50 thousand members across the country, but 45. The mandatory number of regional branches in more than half of the constituent entities of the Russian Federation has been reduced from 500 to 450 people. From 2012, the party will have to consist of at least 40 thousand people, the mandatory number of branches in more than half of Russian regions will be 400 people.

Kremlin ideologists are generally satisfied with this situation: “The party system in Russia has practically taken shape.” United Russia, however, hints that “we do not have a worthy social democratic party,” but their dislike for Sergei Mironov and Gennady Zyuganov does not evoke the support of their curators - in particular, in the winter an attempt to confront United Russia and SR was nipped in the bud.

Political scientist Alexander Kynev told Novaya that the Russian experience also has international demand: the strict Russian law on parties was copied by countries such as Kazakhstan, Uzbekistan, Armenia, and Peru. They now want to do something similar in Egypt.

Despite the high demands for the creation of new parties, many politicians unsuccessfully tried to register their parties. Since the middle of the last decade, there have been numerous scandals and trials related to the refusal of registration. Participants in the political process are convinced that Vladislav Surkov’s personal approval is needed to register a party. Boris Nadezhdin, a member of the political council of Right Cause, frankly told Novaya that his party was not prevented from registering because it was clear that it was being created with the support of the authorities.

Meanwhile, some politicians are not giving up hope of joining the “licensed seven”. The need to create a party is talked about in Solidarity and Democratic Choice; the recently emerged new liberal group in United Russia may also want to become a party. A conglomerate of old red-brown, radical trade unionists and Left Front activists is already busy registering a new party - ROT Front.

“Novaya” examined the ways in which in recent years citizens of our country were not allowed to register parties.

The party is registered

Even registering a party is not a final victory. Article 27 (clause 1 “B”) of the law on parties requires that the party annually submit information on the number of each of the regional branches, on the continuation of its activities, indicating the location of the permanent governing body, on its structural divisions that are not vested with the rights of a legal entity, but having, in accordance with the party charter, the right to take part in elections and (or) referendums, as well as an annual financial report.

Boris Vishnevsky, a member of the Yabloko bureau, confirms: inspections are regularly carried out, a lot of documents are constantly requested, they demand minutes of party meetings, all party decisions, information on all expenses. Doing all this is a huge job.

According to political scientist Alexander Kynev, compiling this reporting and maintaining such a structure requires 2-3 million dollars a year. And still, at the first desire of the authorities, the “license” of almost any party can be taken away.

The party is not registered

Is it necessary to involve your supporters in the procedure for creating a party, being sure that they will not allow you to do this? Opinions vary. Arguments for: this is a way to mobilize assets, build connections between regional groups, draw attention to your brand, and force the authorities to follow the law. Arguments against: this is a huge, obviously ineffective work that can demotivate supporters, collecting signatures - transferring data about sympathizers to the “fighters against extremism” from the Ministry of Internal Affairs and the FSB.

The main advantage of a “licensed” party is the ability to nominate lists at elections at different levels. Leftists who are not registered by the state will try to align themselves with the Communist Party of the Russian Federation, A Just Russia, and, to a lesser extent, with Yabloko and Patriots of Russia in the 2011 elections. Liberals - towards Yabloko, Right Cause, and to a lesser extent - towards A Just Russia. Therefore, who will be chosen, under what conditions, for what position (on what list) may become one of the main intrigues of the upcoming elections.

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.

29/03/2012

No one forced fools to pray for party building. They just simplified the procedure. And mighty foreheads are already hitting the floor in a fit of yet another political enthusiasm. The Ministry of Justice has 70 applications for party registration.

E If people are rocking it, it means someone needs it. The people need help. After a little digging into my memory, I compiled instructions on “How to create a political party.”

Name

The name is half the battle and one big problem. Prokhorov has been puzzling over the name of the party for several months now. They even announced a competition, but it made no sense. It doesn't work.
All decent names have already been used, become dirty and turned into political second-hand goods. You can, of course, take the first one you come across. True, it doesn’t always work out successfully. Let's say, in the mid-90s there was such a Party for the Eradication of Crime, Law and Order. This is an example of a bad name. Not everyone dreams of eradicating law and order.

The Ministry of Justice already has applications with interesting names. Netocratic party. Subtropical party. As they say, not for everybody. Not everyone lives in the subtropics, and no one really knows what “netocratic” means. Here is the Party “Untitled” - it’s creative. But, unfortunately, smart people have already staked out the name “Untitled”.
All the republican, democratic, socialist parties there suck. The devil will break his leg in them.

I suggest several names. To choose from.
Universal option: Your party. Simple and tasteful.
Also a universal option: Favorite party. It’s a little pretentious, but “Favorite Newspapers” are published in the provinces, and they say that someone reads them.
Advanced option: MegaParty. So to speak, for the creative class.
Advanced nationalist version: Party.Ru.

Program

Copy it from somewhere. And call it something. "Five steps into the future." Or “If we raise wages, we will lower rent.” Doesn't matter.
The main thing is not the program, but the slogans. Which, naturally, should be bright and memorable.

One candidate for whom I worked ran in the elections under the slogan “Give back the wings of aviation.” A very, I must say, memorable slogan. It raised a lot of questions. What does aviation have to do with it? Who and when took away the wings from aviation, which they now promise to return? In short, the candidate came in last place. But I don’t guarantee you the first one either.

Who should be included in the party?

This is the most important question. It is best, of course, that your party consists of one person. Then she will not be afraid of splits. And it’s unlikely that anyone will overthrow you from the post of chairman. Alas, we need 500 people.

Here I will tell a story. True story. In other words, a parable.
In 1996, I went to the city of Arkhangelsk to collect signatures for presidential candidate Yavlinsky. The local Yabloko organization could not cope with this. It was led by a wonderful man. Doctor. An intellectual, albeit with the name Ivan. But, as they say, he’s a bit of a slob.

One day a businessman came to our office. And the office of the Arkhangelsk Yabloko was strange. A little room, the entrance to which was across the hall. “Yabloko” shared this hall with the Hare Krishnas. In the morning and afternoon in this hall we accepted subscription lists, and in the evenings the Hare Krishnas held their vigils there.

In general, the businessman somehow made his way through the dancing Hare Krishnas into our little room. I talked to the chairman of the organization and left dissatisfied.
“I,” he says, “can’t deal with such an undignified gentleman.” “I,” he says, “can even deal with you, but I can’t deal with someone so undignified.”
At that time I turned 21 years old, and, as you understand, I was not particularly respectable. Except against the background of the chairman of the organization.

The chairman was also unhappy.
“We made it,” he says. - I just didn’t have enough businessmen.
“Why,” I say, “are you not satisfied with businessmen?”
“If you let them near,” says the chairman, “they’ll immediately knock me over.” It’s enough that Andryukha signed up for the party.

Andryukha is the man who rented out an apartment to my partner and me. Sometimes, however, he showed up there with women, locked himself in a large room and hung the queen of hearts on the door.
“Why,” I ask the chairman, “are you not satisfied with Andryukha?” He's your classmate.
“Andryukha,” says the chairman, “threatened to take away the fax from our organization.” Why, he says, Ivashka, do you need a fax? I, he says, need it more.

The most amazing thing is that after our departure Andryukha actually took the fax.
On the penultimate day, I took assemblers to the city of Severodvinsk on a specially ordered bus. We (or rather, they) collected a bunch of signatures. On the way back, of course, we got drunk. I proposed to the student who collected the most signatures to create and lead the youth “Yabloko”.
“At first,” I say, “youth stuff, and then, you see, you’ll pick off Ivan too.” Not you, I say, but someone else.
“Okay,” says the student.

That's what they decided on. Well, we drank, of course, to consolidate our success.
The next day a student comes.
“I have a problem,” he says. I forgot to say yesterday.
“What,” I say, “is the problem?”
- I have a criminal record. Conditional. Is this nothing?
“Conditional,” I say, “of course, is better than unconditional, but it’s not good enough.”
- Maybe we can wait a bit with the organization?
“Yes,” I say, “let’s wait.” We need to think about everything carefully again.
Fortunately, the next day we flew to St. Petersburg. But Chairman Ivan was still overthrown. So think about who to recruit into the party?

Businessmen are not allowed - they will knock them off. Cheerful and broken guys are also not allowed - the fax will be taken away. It’s better not to mess with students at all.
I think it's best to recruit members for money. A hundred per person. Multiply by five hundred. We receive 50 thousand rubles.

You can pull it. Moreover, you will win back in the next elections. How? Well, I don't know that. You need a party, not me .

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